Alexander v. Webster
Court of Appeals of Maryland
Cross-Appeals from the Superior Court of Baltimore city. Jlssumpsit by Alexander and Tyson against Webster and Speed, as administrators of Macauley, to recover damages for the non performance of the following contract, entered into between the said plaintiffs on the one part and the said Macauley on the other, dated the 26th of July 1836: “It is hereby agreed and admitted, that John H. Alexander and Philip T. Tyson have bargained and sold unto Patrick Macauley one undivided…
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Cross-Appeals from the Superior Court of Baltimore city. Jlssumpsit by Alexander and Tyson against Webster and Speed, as administrators of Macauley, to recover damages for the non performance of the following contract, entered into between the said plaintiffs on the one part and the said Macauley on the other, dated the 26th of July 1836: “It is hereby agreed and admitted, that John H. Alexander and Philip T. Tyson have bargained and sold unto Patrick Macauley one undivided fifth part of the tract of land called “ Commonwealth,” for the sum of $4000, current money, to be paid in manner…
1Opinion of the CourtEccleston, J.
In these cross-appeals, the plaintiffs below, (Alexander and Tyson,) insist, that the judgment should be reversed, because k does not give them a sufficient amount of damages. The defendants say the judgment ought to have been in their favor, and if they are wrong in this, that the damages allowed are too much.
One of the most difficult questions to be settled is, what is the meaning of this strangely worded contract, for it certainly is a most singular one in its terms. A portion of it is sufficiently plain to show, that on the 26th of July 1836, the plaintiffs agreed to sell to Patrick…
2Cases cited4 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Gould v. Banks & GouldNew York Supreme Court · 1832
- Marshall v. HaneyCourt of Appeals of Maryland · 1853
- Cannell v. M'CleanCourt of Appeals of Maryland · 1824
3Cited by10 opinions
- Myers v. BenderMontana Supreme Court · 1913
- Schneider v. Hagerstown Brewing Co.Court of Appeals of Maryland · 1920
- Clemmer v. MerrikenCourt of Appeals of Maryland · 1924
- Wilmer v. RidgelyCourt of Appeals of Maryland · 1917
- Bennett v. BennettDistrict Court, W.D. Washington · 2024
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