Camden Consolidated Oil Co. v. Schlens
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This suit was brought by the appellees against the appellant. The declaration contains the common counts in assumpsit and one special count, (the Ith,) which sets out a contract on the part of the appellant to sell and deliver to the appellees “twenty thousand barrels of refined petroleum, color to be standard white, or better, and which would burn at a test of one hundred and ten degrees Fahrenheit or upwards,” and alleges…
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Appeal from the Superior Court of Baltimore City. This suit was brought by the appellees against the appellant. The declaration contains the common counts in assumpsit and one special count, (the Ith,) which sets out a contract on the part of the appellant to sell and deliver to the appellees “twenty thousand barrels of refined petroleum, color to be standard white, or better, and which would burn at a test of one hundred and ten degrees Fahrenheit or upwards,” and alleges as a breach that the defendant “failed and neglected to deliver the same.” The defendant pleaded. 1st. “That it never was…
1Opinion of the CourtBartol, C. J.
In the progress of the trial below, evidence was offered by the plaintiffs, for the purpose of proving that after the off had been inspected and approved, and before it was delivered at the ships’ side, certain agents or employes of the defendant substituted in its place, other and inferior oil, which was put on board the ships without the knowledge of the plaintiffs; and in their first prayer, which was granted, the plaintiffs placed their right to recover upon the finding by the jury of the fact that such inferior oil had been so substituted and delivered in the place of that which had…
2Cases cited2 opinions
- Abbott v. GatchCourt of Appeals of Maryland · 1859
- Armstrong v. PercyNew York Supreme Court · 1830
3Cited by6 opinions
- Lloyd v. General Motors Corp.Court of Appeals of Maryland · 2007
- Furstenburg v. FawsettCourt of Appeals of Maryland · 1884
- De Ford v. Maryland Steel Co.Court of Appeals for the Fourth Circuit · 1902
- Boyer v. CoxNebraska Supreme Court · 1892
- Lloyd v. General Motors Corp.Court of Appeals of Maryland · 2007
1 more not listed; retrieve them via the Exa API.