Legal Opinion

Hess v. Newcomer

Court of Appeals of Maryland

Decided December 15, 1854PublishedCited by 9 opinions

Appeal from Circuit Court for Washington county. Covenant by the appellants against the appellees, upon the following stipulation in the lease of a mill and premises which the plaintiffs leased to the defendant, by an agreement under seal, dated the 23rd of February 1852: “And the said Joseph and Samuel further promise and agree to keep the mill well greased and oiled, and as to all that belongs to and is to be done by the miller, to do and to perform, and keep in repair the…

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Appeal from Circuit Court for Washington county. Covenant by the appellants against the appellees, upon the following stipulation in the lease of a mill and premises which the plaintiffs leased to the defendant, by an agreement under seal, dated the 23rd of February 1852: “And the said Joseph and Samuel further promise and agree to keep the mill well greased and oiled, and as to all that belongs to and is to be done by the miller, to do and to perform, and keep in repair the said mill, and to deliver up all the said premises herein-before leased, at the expiration of their tenancy, in as good…

1Opinion of the CourtEccleston, J.

On the 23rd of February 1852, the appellants leased to the appellees, by an agreement under seal, a stone mill, then but recently rebuilt, after having been burnt some time previously. That portion of the agreement which relates particularly to-the present controversy, is in the following language: “And-

the said Joseph and Samuel further promise and agree to keep the mill greased and oiled, and as to all what belongs to and is to be done by the miller, to do and perform, and keep in-repair the said mill, and to deliver up all the said premises hereinbefore leased, at the expiration of their…

2Cited by9 opinions

  1. Smith v. State Ex Rel. WalshCourt of Appeals of Maryland · 1901
  2. Kaplan v. FlynnMassachusetts Supreme Judicial Court · 1926
  3. Whitcomb v. MasonCourt of Appeals of Maryland · 1905
  4. Drouin v. WilsonSupreme Court of Vermont · 1907
  5. Precision Development Co. v. Fast Bearing Co.Court of Appeals of Maryland · 1944

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