Allen v. Lambden
Court of Appeals of Maryland
Appeal from Anne Arundel county court. This was an action of- covenant by the appellee against the appellant, upon the instrument of writing set out in the opinion below. The- defendant filed a general demurrer to the declaration, which the court overruled. The parties then agreed that the cause should be tried upon the following pleas:-—1st. Payment by John L. Benjamim 2nd. Payment by defendant. 3rd. Non infregit conventionem.
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Appeal from Anne Arundel county court. This was an action of- covenant by the appellee against the appellant, upon the instrument of writing set out in the opinion below. The- defendant filed a general demurrer to the declaration, which the court overruled. The parties then agreed that the cause should be tried upon the following pleas:-—1st. Payment by John L. Benjamim 2nd. Payment by defendant. 3rd. Non infregit conventionem. The plea of non est factum was also put in, but the execution of the instrument by the defendant was afterwards admitted. Exception,- The plaintiff offered in evidence…
1Opinion of the Court
Tuck, J,
delivered the opinion of the court.
The appellee sued the appellant in covenant on the following instrument, which, it is admitted, was signed and sealed by Benjamin and Allen, and which, it is also admitted, was not stamped. It does not appear to have been executed by the appellee:
“Memorandum of articles of agreement entered into this eighth day of October, eighteen hundred and forty-eight, between Ann Lambden, of the city of Annapolis, State of Maryland, of the one part, and John L. Benjamin, of Anne Arundel county, of the other part: The said Ann Lambden
hereby agrees to rent to John…
2Cases cited1 opinion
- Brice v. StateCourt of Appeals of Maryland · 1845
3Cited by2 opinions
- Delauter v. ShaferCourt of Appeals of Maryland · 2003
- Progressive Friendship Savings & Loan Ass'n v. RoseCourt of Appeals of Maryland · 1964