Mitchell v. Wedderburn
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This is au action for the breach of a written contract under seal, brought by the appellants, Cecil Wallace Mitchell and Lydia P. Mitchell, his wife, against the appellees, Alexander J. Wedderburn and Jane Sarah Wedderhurn, his wife. The contract is signed and sealed by all the parties, the husbands uniting therein “in testimony of their assent to all the covenants contained (therein) on the part of their respective wives.”
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Appeal from the Superior Court of Baltimore City. This is au action for the breach of a written contract under seal, brought by the appellants, Cecil Wallace Mitchell and Lydia P. Mitchell, his wife, against the appellees, Alexander J. Wedderburn and Jane Sarah Wedderhurn, his wife. The contract is signed and sealed by all the parties, the husbands uniting therein “in testimony of their assent to all the covenants contained (therein) on the part of their respective wives.” The case is stated in the opinion of the Court. The verdict and judgment being for the defendants, the plaintiffs…
1Opinion of the CourtRobinson, J.
This is an action to recover damages for the breach of a contract in writing,‘by the terms of which the, plaintiff, Mrs. Mitchell, alleges she sold 260 shares of stock of the Ceres Manufacturing Company to the defendant, Mrs. Wedderburn, for the sum of $18,000.
The stock was to be paid for in “The Geres Super-phosphate,” ■ a fertilizer manufactured by the company, at a valuation of twenty-two dollars per ton, not more than four hundred tons to be delivered to Mrs. Mitchell in any one year.
The sixth clause provides, that upon the payment of the whole purchase money, the stock was to be…
2Cases cited3 opinions
- Topliff v. TopliffSupreme Court of the United States · 1887
- Citizens' Fire Insurance, Security & Land Co. v. DollCourt of Appeals of Maryland · 1872
- Scarlett v. SteinCourt of Appeals of Maryland · 1874
3Cited by6 opinions
- Mattingly Lumber Co. v. Equitable Building & Savings Ass'nCourt of Appeals of Maryland · 1939
- A. D. Birely & Sons v. DodsonCourt of Appeals of Maryland · 1908
- Hurt v. Pennsylvania Threshermen & Farmers' Mutual Casualty InsuranceCourt of Appeals of Maryland · 1938
- W. T. Tilden Co. v. Densten Hair Co.Massachusetts Supreme Judicial Court · 1914
- Canal Company's CaseCourt of Appeals of Maryland · 1896
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