Kilgour v. Miles
Court of Appeals of Maryland
Appeal from St. Mary's county court. This was an action of Covenant, brought by the appellant against the appellees', on the 12th of July, 1832, on the following contract, under the hands and seals of the parties.
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Appeal from St. Mary's county court. This was an action of Covenant, brought by the appellant against the appellees', on the 12th of July, 1832, on the following contract, under the hands and seals of the parties. “We, John M. Goldsmith, and Richard H. Miles, promise and oblige ourselves to deliver to John Kilgour, or his agent in Baltimore, on the first day of July next, three thousand bushels of good merchantable corn; and he, the said Kilgour, promises and obliges himself, his heirs and assigns, to pay for the same forty-five cents per bushel, on the delivery of the above corn. May 11th,…
1Opinion of the CourtChambers, J.
The demurrer obliges the court to look for the first defect in the pleadings, and we think it is to be found in the declaration.
By the letter of the contract, the first day of July was appointed for the delivery of the corn, but that day happening to fall on Sunday, and the law prohibiting the delivery on Sunday, although it does not annul the contract, *273it follows, that the execution of the contract was due on another day, and the delivery on that other day could be enforced. The failure to deliver on Sunday was no violation of the contract, according to its legal interpretation. There was no…
2Cases cited1 opinion
- Porter v. RoseNew York Supreme Court · 1815
3Cited by7 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. LehmanCourt of Appeals of Maryland · 1881
- Lester v. HardestyCourt of Appeals of Maryland · 1868
- Line v. LineCourt of Appeals of Maryland · 1913
- Rebe v. State's AttorneyCourt of Appeals of Maryland · 1971
- Gillooley v. VaughanSupreme Court of Florida · 1926
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