Kribs v. Jones
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. The case is stated in the opinion of the Court. Exception.- — At the trial below the plaintiffs offered the following prayers : 1. That by. the true construction of the contract of the 23rd of November, 1871, the said A. Kribs having sold said apples as on hand, and agreed to ship the same, not exceeding one car load a day, was bound to commence the shipping of the same forthwith, and to complete the same within a reasonable…
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Appeal from the Superior Court of Baltimore City. The case is stated in the opinion of the Court. Exception.- — At the trial below the plaintiffs offered the following prayers : 1. That by. the true construction of the contract of the 23rd of November, 1871, the said A. Kribs having sold said apples as on hand, and agreed to ship the same, not exceeding one car load a day, was bound to commence the shipping of the same forthwith, and to complete the same within a reasonable tipie thereafter; and if the jury shall find that by the exercise of ordinary care and diligence, the said apples could…
1Opinion of the CourtBartol, C. J.
This suit was brought by the appellees, to recover damages for the alleged breach by the appellant, of a contract for the sale and delivery of a quantity of apples.
The contract which was in writing, was as follows :
*405“Baltimore, November 23rd, 1871.
“This is to certify, that I, A. Kribs, agree to furnish Lewis Jones & Son, with what apples I have on hand, at two dollars and fifty cents per barrel, say about three thousand barrels, he to pay my drafts at the bank as he receives the apples, not exceeding one car-load a day.
“In consideration of the above agreement, Lewis Jones & Son, agree to pay…
2Cases cited1 opinion
- Magruder v. GageCourt of Appeals of Maryland · 1870
3Cited by17 opinions
- Hercules Powder Co. v. Harry T. Campbell Sons Co.Court of Appeals of Maryland · 1929
- Wischhusen v. Spirits Co.Court of Appeals of Maryland · 1933
- Pennsylvania Railroad v. ReichertCourt of Appeals of Maryland · 1882
- Southern Building & Loan Ass'n v. PriceCourt of Appeals of Maryland · 1898
- Wischhusen v. American Medicinal Spirits Co.Court of Appeals of Maryland · 1933
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