Folck v. Smith
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany count)'. Assumpsit brought by the appellants against the appellee, to recover three-fourths of the commissions awarded to the defendant, as trustee for the sale of the real estate of John Folck, deceased. Plea non-assumpsit. Exception. The agreement upon which the action was brought, and all the facts of the case are fully stated in the opinion of this court.
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Appeal from the Circuit Court for Allegany count)'. Assumpsit brought by the appellants against the appellee, to recover three-fourths of the commissions awarded to the defendant, as trustee for the sale of the real estate of John Folck, deceased. Plea non-assumpsit. Exception. The agreement upon which the action was brought, and all the facts of the case are fully stated in the opinion of this court. The court below (Perry, J.,) instructed the jury at the instance of the defendant, “that there is no sufficient consideration shown by the evidence in the case, to support such agreement,” and…
1Opinion of the CourtBartol, J.
This suit was brought by the appellants, to recover from the appellee three-fourths of the commissions, awarded to him as trustee for the sale of the real estate of John Folck deceased. The declaration contains only the common money counts, and an insimul computassent; and the defendant pleaded the general issue.
To support the action the plaintiff offered in evidence the following agreement, which was admitted to have been executed by the defendant:
“Cumberland, June 14th, 1841.
“Messrs. Daniel aud John Folck, have this day requested me to file a bill in Allegany county court as a court of…
2Cited by5 opinions
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