Gunther v. Atwell
Court of Appeals of Maryland
Appeal from the Court of Common Pleas of Baltimore ■city. This was an action brought by the appellee against the appellants, at the January term, 1859, of the Court of Common Pleas of Baltimore city, to recover damages alleged to have been sustained by him, in consequence of a want ■of correspondence, in point of quality, between two casks ■ 1st Exception.—The plaintiff offered in evidence a bill of parcels rendered' to him by the defendants, in Avhich the tobacco sold by…
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Appeal from the Court of Common Pleas of Baltimore ■city. This was an action brought by the appellee against the appellants, at the January term, 1859, of the Court of Common Pleas of Baltimore city, to recover damages alleged to have been sustained by him, in consequence of a want ■of correspondence, in point of quality, between two casks ■ 1st Exception.—The plaintiff offered in evidence a bill of parcels rendered' to him by the defendants, in Avhich the tobacco sold by them to the plaintiff is described as “heavy Clarksville tobacco ” and the numbers and weight of the hogsheads given, as…
1Opinion of the CourtCochran, J.
This is an appeal from a judgment obtained by the appellee, in a suit to recover damages resulting to him from the non-correspondence of two hogsheads of tobacco with samples by which he had purchased it from the appellants. At the trial below, the appellants reserved three exceptions, presenting the following questions: 1st, whether evidence showing a custom of tobacco dealers in Baltimore, of buying and selling tobacco in bulk, by samples prepared by the State inspectors, without insuring correspondence in quality, was admissible; 2nd, whether, in a sale of tobacco by a sample drawn by the…
2Cases cited3 opinions
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
- Osgood v. LewisCourt of Appeals of Maryland · 1829
- Jennings v. GratzSupreme Court of Pennsylvania · 1831
3Cited by13 opinions
- Rice v. ForsythCourt of Appeals of Maryland · 1875
- Rastetter v. ReynoldsIndiana Supreme Court · 1903
- Warren Glass Works Co. v. Keystone Coal Co.Court of Appeals of Maryland · 1886
- Amos v. Walter N. Kelley Co.Michigan Supreme Court · 1927
- Wadhams v. BalfourOregon Supreme Court · 1898
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