Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 55

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 55

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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. 1882 edition. Excerpt: ... work either an equitable surrender of his lease to her, and an acquittance to him of the rent then due, or an extension of the time for payment thereof until the first day of May, and therefore no distress could be lawfully made until after that day. The plaintiff also offered proof, (which the Court rejected, ) tending to show that apart from this written agreement, there was an independent collateral parol contract made at the same time by Mr. 8 'Lee, that no proceedings for collecting the arrearages of rent should be taken until after the first of May, or for a reasonable time after the 22nd of April. Mr. Lee in his testimony, and on cross-examination by the plaintiff, denied that any such parol agreement was ever made, but whether it was or not, or whether the written agreement, if it had been made by Mrs. Lee herself, could when properly construed, be held a release of all rent then due, or whether such parol agreement was inconsistent with the terms of the written agreement made at the same time, and therefore no proof of it_could be offered, are all questions not necessary to be decided. By the written agreement, Cahill agreed to surrender his lease not to Mrs. Lee, but to J. Boykin Lee in his own right, and not as agent of his wife, and her name is not mentioned in the paper. There is no proof whatever in the record, that Mr. Lee had any authority from his wife to make this agreement on her behalf, or to enter into any arrangement or understanding with her tenant, by which her right to distrain could be suspended, postponed or in anywise affected, or that she ever ratified or adopted, or even knew of any such agreement or understanding. He was simply her agent to collect the rent. This is all the authority he was entrusted...show more

Product details

  • Paperback | 208 pages
  • 189 x 246 x 11mm | 381g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236744616
  • 9781236744616