Legal Opinion

Equitable Gas Light Co. v. Baltimore Coal Tar & Manufacturing Co.

Court of Appeals of Maryland

Decided March 10, 1886PublishedCited by 16 opinions

Appeal from the Circuit Court of Baltimore City. This appeal was taken by the defendant in the case, from the following decree : “It is thereupon, this 30th day of June, 1885, by the Circuit Court of Baltimore City, adjudged, ordered and decreed, that the plaintiff is entitled to relief in the premises, and to specific performance of the agreement entered into between the plaintiff, and James D. Smallwood and Henry Y. Attrill, representing, the defendant, as set forth in the…

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Appeal from the Circuit Court of Baltimore City. This appeal was taken by the defendant in the case, from the following decree : “It is thereupon, this 30th day of June, 1885, by the Circuit Court of Baltimore City, adjudged, ordered and decreed, that the plaintiff is entitled to relief in the premises, and to specific performance of the agreement entered into between the plaintiff, and James D. Smallwood and Henry Y. Attrill, representing, the defendant, as set forth in the bill of complaint; and that by force of said agreement, the said plaintiff is entitled to take from the gasworks of the…

1Opinion of the CourtStone, J.

This is the second time that this case has been before this Court. The law was definitely settled on the former appeal, (63 Md., 285,) that if the allegations of the bill were sustained by the proof, the complainant was entitled to relief. The proof has been taken, and the question now before us is principally the question of fact, whether the allegations of the bill are sustained by the proof.

It is entirely unnecessary to refer to these allegations, as they are fully set out in the opinion in the former case, nor can we incorporate, in this opinion, at any length, the voluminous testimony in…

2Cases cited4 opinions

  1. Grand Tower Co. v. PhillipsSupreme Court of the United States · 1874
  2. Equitable Gas Light Co. v. Baltimore Coal Tar & Manufacturing Co.Court of Appeals of Maryland · 1885
  3. Baltimore & Ohio Railroad v. PumphreyCourt of Appeals of Maryland · 1883
  4. Eckenrode v. Chemical Co.Court of Appeals of Maryland · 1880

3Cited by16 opinions

  1. M & R Contractors & Builders, Inc. v. MichaelCourt of Appeals of Maryland · 1958
  2. Adams v. ManownCourt of Appeals of Maryland · 1992
  3. Niner v. HansonCourt of Appeals of Maryland · 1958
  4. Sperry & Hutchinson Co. v. Louis Weber & Co.District Court, N.D. Illinois · 1908
  5. St. Regis Paper Co. v. Santa Clara Lumber Co.New York Court of Appeals · 1903

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