Zihlman v. Cumberland Glass Co.
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County. The case is stated in the opinion of the Court. The cause was argued for the appellant before Alvey, C. J., Miller, Rqbinson, Irving, Bryan, and MoiSiierry, J., and submitted on brief for the appellee. Under the pleadings it was error to exclude the agreement, and it was admissible without proof of its execution. The plea of payment alone admitted the execution of the agreement sued on.
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Appeal from the Circuit Court for Frederick County. The case is stated in the opinion of the Court. The cause was argued for the appellant before Alvey, C. J., Miller, Rqbinson, Irving, Bryan, and MoiSiierry, J., and submitted on brief for the appellee. Under the pleadings it was error to exclude the agreement, and it was admissible without proof of its execution. The plea of payment alone admitted the execution of the agreement sued on. It is an invariable rule that all pleading in confession and avoidance admits all matters well pleaded in previous pleadings. Parr vs. State, HI Md., 231;…
1Opinion of the CourtMiller, J.
This is a suit by the appellant against the appellee, a body corporate, for breach of a sealed agreement between them, dated the 1st of January, 1886, by which the corporation agreed to pay to the plaintiff a certain royalty for the use of a patent which bad been granted to him for an improvement in the method of making tumblers and other articles of glassware. The royalty agreed to be paid was “one cent on each and every dozen of tumblers, or other glass articles cut, ground, smoothed, operated or finished by° means of said improvement Avhilst so used or operated” by the corporation. The…
2Cases cited4 opinions
- Parr v. State ex rel. CockeyCourt of Appeals of Maryland · 1889
- Burtles v. State ex rel. TurnerCourt of Appeals of Maryland · 1853
- Susquehanna Bridge & Bank Co. v. General InsuranceCourt of Appeals of Maryland · 1852
- Johnson v. Philadelphia, Wilmington & Baltimore RailroadCourt of Appeals of Maryland · 1885
3Cited by10 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Crown Oil and Wax Co. of Delaware, Inc. v. Glen Construction Co. of Virginia, Inc.Court of Appeals of Maryland · 1990
- McCartney v. Clover Valley Land & Stock Co.Court of Appeals for the Eighth Circuit · 1916
- Conner v. Groh, Doub & Co.Court of Appeals of Maryland · 1900
- Hartman v. ThompsonCourt of Appeals of Maryland · 1906
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