Maryland Reports Volume 3

Maryland Reports Volume 3

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1853 edition. Excerpt: ...the present action, entitle him to rely upon the parol agreement. But we think that the second prayer was erroneously granted because it assumes that the agreement was not in writing. For this reason, however, the record will not be remanded, for the defendant could not have been prejudiced by this error on the part of the court below. 3 Gill and Johns., 472. 8 Do., 111. The plaintiff had offered uncontroverted evidence of his claim, and even if the guarantee had been in writing, it would have been no answer to his cause of action, unless accompanied by proof of the condition and actual value of the mare at the time of the sale. The witnesses stated that the defendant complained that she did not turn out well, and said he would hold Barber liable; but there was nothing to show the extent of damage by reason of defects in the mare, and the jury could have made no allowance on that account except upon conjecture. If the judgment were reversed, and a new trial had, such proof would not avail the defendant, because the agreement, under which alone it could be offered, is not in writing. 1 GiU, 260. Judgment affirmed. David Stewart and Charles F. Mayer Vs. John Glenn. The trustees for the sale of certain mortgaged property, postponed the sale at the request of the mortgagor, who stipulated that they should be allowed extra or double commissions. Held, that this was a personal contract with the mortgagor, and gave the trustees no right to claim commissions for the postponed sale out of the proceeds of sale. Appeal from the Court of Chancery. The appeal in this case was taken by the appellants from the chancellor's order disallowing their claim for double commissions upon the proceeds of sale of certain mortgaged premises, for the sale of which more

Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236653149
  • 9781236653147