Clark v. Harmer
District of Columbia Court of Appeals
Hearing on an appeal by plaintiff from a judgment on verdict in an action of covenant. The Court in its opinion stated the case as follows : This is the second appeal in this case. In the opinion rendered upon the former appeal, reported in 5 App. D. C. 114, the principal facts are stated, and therefore need not here be repeated.
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Hearing on an appeal by plaintiff from a judgment on verdict in an action of covenant. The Court in its opinion stated the case as follows : This is the second appeal in this case. In the opinion rendered upon the former appeal, reported in 5 App. D. C. 114, the principal facts are stated, and therefore need not here be repeated. Upon that occasion the judgment of the Supreme Court of the District of Columbia in the case was reversed, and the cause was remanded for a new trial. When the cause went back, there was an amendment of the declaration by the plaintiff, Benjamin W. Clark, the…
1Opinion of the CourtJustice Morris
1., Not much consideration is demanded for the three assignments of error—those numbered 11, 12, and 13—with respect to the admission or exclusion of certain testimony. The refusal of the court to strike out the testimony of Lynch was manifestly proper, upon the grounds given for the refusal. Most assuredly that testimony should not be stricken out because, as claimed, there was no testimony to show that Clark knew that the option was for $12,000, and not for $15,000. That was precisely one of the things which the testimony of Lynch tended to prove, and one of the things to be considered by…
2Cases cited3 opinions
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- United States v. Libellants & of the Schooner AmistadSupreme Court of the United States · 1841
- Walker v. President of the Bank of WashingtonSupreme Court of the United States · 1844
3Cited by2 opinions
- Wyant v. CrittendenCourt of Appeals for the D.C. Circuit · 1940
- Pratt v. Realty Associates, Inc.District of Columbia Court of Appeals · 1946