Baltimore Humane Impartial Society & Aged Women's & Aged Men's Homes v. Pierce
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City* In the present case we have nothing to do with specific performance, nor with the liens on subsequently acquired property. We are simply seeking damages for the breach of a clearly expressed and fully understood contract. Unless this Court- now determines that this contract is void as against public policy, it would seem that the decision in both cases must be in favor of the appellant.
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Appeal from the Superior Court of Baltimore City* In the present case we have nothing to do with specific performance, nor with the liens on subsequently acquired property. We are simply seeking damages for the breach of a clearly expressed and fully understood contract. Unless this Court- now determines that this contract is void as against public policy, it would seem that the decision in both cases must be in favor of the appellant. We especially call the Court’s attention to the following statement of facts as they now exist, differing as they do from the facts presented in the former…
1Opinion of the CourtBoyd, J.
The appellant sued Elisha Pierce and also Casper W. Erek; administrator of George W. Pierce, who was a surety on the contract sued on. Demurrers to both declarations were sustained by the Court below and judgment entered for the respective defendants. From those judgments appeals- were taken and, as the two cases involve for the most part the same questions, they were argued together in this Court.
Elisha Pierce was an inmate of the Aged Men’s Home belonging to the appellant, and whilst there his son, George W. Pierce, died intestate without leaving any descendants or a widow. Under the…
2Cases cited5 opinions
- Hamilton v. RogersCourt of Appeals of Maryland · 1855
- First National Bank v. LindenstruthCourt of Appeals of Maryland · 1894
- Wilson v. WilsonCourt of Appeals of Maryland · 1872
- General German Aged People's Home v. HammerbackerCourt of Appeals of Maryland · 1886
- Baltimore Humane Impartial Society & Aged Women's & Aged Men's Homes v. PierceCourt of Appeals of Maryland · 1904
3Cited by13 opinions
- Maryland-National Capital Park & Planning Commission v. Washington National ArenaCourt of Appeals of Maryland · 1978
- Md.-Nat'l Cap. P. & P. v. Wash. Nat'l ArenaCourt of Appeals of Maryland · 1978
- City of Leesburg v. WareSupreme Court of Florida · 1934
- Fidelity Union Trust Co. v. ReevesNew Jersey Court of Chancery · 1924
- Newburyport Society for the Relief of Aged Women v. NoyesMassachusetts Supreme Judicial Court · 1934
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