Mitchell v. McCleary
Court of Appeals of Maryland
Appeal from the Circuit Court for Garrett County. The appellee leased in writing his woollen factory and farm lying on Mill Run, in Garrett County, to Valentine Boettner, for the period of five years, commencing on the 1st of April, 1869, upon terms specifically set out in the lease. Possession of the leased premises was delivered to Boettner by the appellee.
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Appeal from the Circuit Court for Garrett County. The appellee leased in writing his woollen factory and farm lying on Mill Run, in Garrett County, to Valentine Boettner, for the period of five years, commencing on the 1st of April, 1869, upon terms specifically set out in the lease. Possession of the leased premises was delivered to Boettner by the appellee. On the clay of the execution of the lease, the appellant executed the following guaranty: “I, — undersigned, do agree to, and with Peter Mc-Cleary, to guarantee to him that Valentine Boettner, will pay to him, annually, the rent of four…
1Opinion of the CourtMiller, J.
The only question presented by this appeal is, was the Court below right in overruling a general demurrer to the declaration? That question must be decided in view of the fact that all that is now required for a declaration to contain, is a plain statement of the facts necessary to constitute a ground of action, and that no general demurrer will be allowed for a mere informal statement of the cause of action if that statement be sufficient in substance. Code, Art. 75, secs. 3, 7. The suit is upon a guaranty given by the defendant to the plaintiff that one Boettner shall pay the rent and…
2Cases cited2 opinions
- Nabb v. KoontzCourt of Appeals of Maryland · 1861
- Caton v. Shaw & TiffanyCourt of Appeals of Maryland · 1827
3Cited by7 opinions
- Cumberland Glass Manufacturing Co. v. WheatonMassachusetts Supreme Judicial Court · 1911
- Heyman v. DooleyCourt of Appeals of Maryland · 1893
- Continental Oil Co. v. HorseyCourt of Appeals of Maryland · 1939
- Deutsch ex rel. Kanders v. BondCourt of Appeals of Maryland · 1877
- Boyd v. SnyderCourt of Appeals of Maryland · 1878
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