Denmead v. Coburn
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. Assumpsit brought on the 2nd of March 1854, by the appellee against the appellant. The declaration alleges that the defendant was indebted to the plaintiff in the sum of $963.71, for work and labor done and materials furnished. It also contains counts for goods sold, money had and received, upon an account stated, and for sundry matters properly chargeable in account, as by a particular account filed, appears.
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Appeal from the Superior Court of Baltimore city. Assumpsit brought on the 2nd of March 1854, by the appellee against the appellant. The declaration alleges that the defendant was indebted to the plaintiff in the sum of $963.71, for work and labor done and materials furnished. It also contains counts for goods sold, money had and received, upon an account stated, and for sundry matters properly chargeable in account, as by a particular account filed, appears. Plea non assumpsit. Exception. The plaintiff offered in evidence the following written contract, signed by himself and A. and V/l…
1Opinion of the CourtLe Grand, C. J.
This is an action of indebitatus assumpsit, for work and *43labor, brought by the appellee against the appellant, to recover the sum of $963.71. The principal facts of the case may be thus stated: The appellant liad a mill race which flowed under Eager street, in the city of Baltimore, at the time when the city determined to fill up said street and extend it across Jones’ Falls. To enable it to do this effectively, it was necessary the mill race of the appellant should be arched over under the bed of the street, and accordingly the proper officer of the city entered into a contract with the…
2Cases cited1 opinion
- Ellicott v. TurnerCourt of Appeals of Maryland · 1853
3Cited by12 opinions
- Rice v. ForsythCourt of Appeals of Maryland · 1875
- Gill v. VoglerCourt of Appeals of Maryland · 1879
- North Bros. & Strauss v. MalloryCourt of Appeals of Maryland · 1902
- Pope v. KingCourt of Appeals of Maryland · 1908
- American Towing & Lightering Co. v. Baker-Whiteley Coal Co.Court of Appeals of Maryland · 1909
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