Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 139

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 139

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...Witriess denied his wife cried because the store was sold, but said she cried because Powichrowski cursed him; denied that he said he would not give him the books; denied that he sold butter and cigarettes upstairs; denied that he said in the presence of the witness, Nalstalski, that he was going to put Powichrowski out. It will be noted that Sicinski is 110t corroborated in any particular by a single witness, as to his version of the occur Md_ Opinion of the Court. rence on April 10th. The absence of Mrs. Sicinski, one of the appcllees, is significant. It will also be noted that there is not a particle of evidence that the taking possession of the store and running it for three months before the filing of the bill in this case (for the benefit of appellants, as Sicinski claims) was done with the approval of appellants or either of them, or that Sicinski ever told either of them he was running it for them, although the bill so alleges. Xor is there any wntradiction of Powichrowski's testimony that, on April 8th, he told Sicinski he would be ready to pay the balance of the purchase money on April 12th. If it can be said that anything done by Powichrowski relieved appellees as to him of the necessity of tendering performance of their part of the contract and demanding performance by appellants, before bringing a suit of this character, there is no testimony that such a condition existed as to Mrs. Powichrowski. who is also a party to the contract and a defendant in this case. For three months, appellees had sole possession of the property and ran the business as their own, before filing the bill of complaint. After so long a time there may not have been left a single article of merchandise which was included in the contract of more

Product details

  • Paperback | 242 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236892739
  • 9781236892737