Key v. Dent
Court of Appeals of Maryland
Appeal from the Circuit Court of Saint Mary’s County. Assumpsit by the appellee as adm’r of Wood, against the appellant, to recover money paid by his intestate upon an agreement for the sale of lands. The nar contains a count for goods sold and delivered, and the common money counts including the count for money had and received. lsi Exception.
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Appeal from the Circuit Court of Saint Mary’s County. Assumpsit by the appellee as adm’r of Wood, against the appellant, to recover money paid by his intestate upon an agreement for the sale of lands. The nar contains a count for goods sold and delivered, and the common money counts including the count for money had and received. lsi Exception. The plaintiff to sustain the issue joined under the count for money had and received, offered in evidence the following receipt, signed by Key, the defendant, and dated the 31st of December 1845. “Received of Walter Wood, an order on Mr. Benjamin H.…
1Opinion of the CourtMason, J.
In order to settle the substantial merits of this case, we do not deem it necessary to notice several of the questions presented in the course of argument.
The agreement for the sale of the land, which forms the basis of the controversy, was as follows:
“It is this 23rd day of September 1845, agreed, between Walter Wood, of Charles county, and John H. Key, H. G. Hayden and H. G. Garne.r, of St. Mary’s county, all of the State of Maryland, that t(he said Walter Wood agrees to purchase the land bought at sheriff’s sale, sold as the property of G. W. Moreland, by the said J. H. Key, H. G. Hayden…
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