Burt v. Myer
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. John Burt brought an action of assumpsit against William S. Myer and Thomas R. Myer, partners, trading as W. S. Myer and Brother. — The declaration contained a count on a special contract, which will be more particularly noticed hereafter, and counts for money had and received, on accounts stated, and for goods bargained and sold.
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Appeal from the Superior Court of Baltimore City. John Burt brought an action of assumpsit against William S. Myer and Thomas R. Myer, partners, trading as W. S. Myer and Brother. — The declaration contained a count on a special contract, which will be more particularly noticed hereafter, and counts for money had and received, on accounts stated, and for goods bargained and sold. The evidence on the part of the plaintiff tended to prove the special contract set out in the first count, and the breach of it by the defendants; and also that they were indebted to the plaintiff on account of the…
1Opinion of the CourtBryan, J.
It was competent for the jury to find that the defendants had made the contract for dealing in wheat, which is stated in the plaintiff's first prayer, and that they had broken it in the manner therein stated. The questions were fairly left to them by this prayer. It was also competent for the jury to find that the contract for the purchase of wheat by the defendants for the plaintiff was correctly set forth in the written correspondence between them, and that there was 210 other contract resp>eetiiig the manner in which the dealings in wheat should be carried on, and that they fulfilled the…
2Cases cited1 opinion
- Stewart v. SchallCourt of Appeals of Maryland · 1886
3Cited by4 opinions
- Thomas v. Capital Medical Management Associates, LLCCourt of Special Appeals of Maryland · 2009
- Farmers' Milling & Grain Co. v. UrnerCourt of Appeals of Maryland · 1926
- Billingslea v. SmithCourt of Appeals of Maryland · 1893
- Baxter v. DeneenCourt of Appeals of Maryland · 1904