Legal Opinion

Burroughs v. Langley

Court of Appeals of Maryland

Decided December 15, 1856PublishedCited by 8 opinions

Appeal from the Circuit Court for Saint Mary’s county. Assumpsit brought by the appellee against the appellant, for the value of services as overseer. The declaration contained, a count for work and labor, and a quantum meruit count. The defendant pleaded non assumpsit, and also relied upon an account in bar. Exception.

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Appeal from the Circuit Court for Saint Mary’s county. Assumpsit brought by the appellee against the appellant, for the value of services as overseer. The declaration contained, a count for work and labor, and a quantum meruit count. The defendant pleaded non assumpsit, and also relied upon an account in bar. Exception. The evidence in the case, and the prayer of the defendant, which the court below (Crain, J.) refused to grant, and to which ruling the defendant excepted, are fully stated in the opinion of this court. The verdict and judgment were in favor of the plaintiff, and the defendant…

1Opinion of the CourtTuck, J.

This is an action of assumpsit by the appellee against the appellant. The declaration contained two Counts, one for work and labor, care and diligence,- and the other on a quantum meruit for such services. The defendant pleaded the general issue and relied also on an account in bar.

At the trial the plaintiff proved, “that he' had acted in the Capacity of overseer for the defendant, for the year 1851, and part of the year 1852, and also, that a fair sum for a good overseer for such a farm as the defendant’s, was $150 per annunn” The defendant proved his account in bar, and that, “during the…

2Cases cited2 opinions

  1. Foley v. William Mason & Son ex rel. BirckheadCourt of Appeals of Maryland · 1854
  2. Grove v. BrienCourt of Appeals of Maryland · 1851

3Cited by8 opinions

  1. Hunner v. StevensonCourt of Appeals of Maryland · 1913
  2. Smith v. PhippsSupreme Court of Connecticut · 1894
  3. Dorrance v. HoopesCourt of Appeals of Maryland · 1914
  4. Patterson v. CrowtherCourt of Appeals of Maryland · 1889
  5. Shriver Oil Co. v. Interocean Oil Co.Court of Appeals of Maryland · 1929

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