Abbott v. Gatch
Court of Appeals of Maryland
Appeal from tire Superior pourt of Baltimore city. Assumpsit, brought on the 11th of April 1855, by the appellee against the appellant, for work clone and materials furnished by the plaintiff, in and about the construction of certain prill machinery for the defendant. Plea, non assumpsit.
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Appeal from tire Superior pourt of Baltimore city. Assumpsit, brought on the 11th of April 1855, by the appellee against the appellant, for work clone and materials furnished by the plaintiff, in and about the construction of certain prill machinery for the defendant. Plea, non assumpsit. The plaintiff, upon call of the defendant, filed a bill of particulars, claiming for millwright work done in warehouse on East Falls Avenue, as per contract, $5000, and for extra work and materials, and for work put up and taken down and altered by order of the defendant, $674.90, making in all $5574.90, and…
1Opinion of the CourtTuck, J.
The plaintiff, the present appellee, contracted to put up a mill guarantied to grind the best wheat flour, with the neces*329sary bolters, elevator and rubber, for the sum of five thousand dollars. In the contract there is this clause: “No extra charges to be made unless a written agreement be made and attached to the contract.” In the progress of the work, alterations were made, and portions of the mill put in, as the plaintiff contends, not embraced by the terms of the contract, without the parties availing themselves of the above provision, and one of the questions in the cause is, can the…
2Cases cited17 opinions
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- Clifford v. RichardsonSupreme Court of Vermont · 1846
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- Beall v. PearreCourt of Appeals of Maryland · 1859
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