Adler v. Robert Portner Brewing Co.
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This suit was brought by the appellee to recover the purchase money of a refrigerating machine sold by Robert Portner to Elias E. Adler and Paul Mulliauser, co-partners, trading under tbe firm name of Adler & Mulbauser. The claim for the purchase money was assigned by Portner to the plaintiff. Prior to bringing suit, tbe partnership between Adler & Mulhauser was dissolved.
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Appeal from the Superior Court of Baltimore City. This suit was brought by the appellee to recover the purchase money of a refrigerating machine sold by Robert Portner to Elias E. Adler and Paul Mulliauser, co-partners, trading under tbe firm name of Adler & Mulbauser. The claim for the purchase money was assigned by Portner to the plaintiff. Prior to bringing suit, tbe partnership between Adler & Mulhauser was dissolved. The case is further stated in the opinion of the Court. Exception: — The plaintiff offered four prayers, the first and second of which the Court (Phelps, J.,) rejected, and…
1Opinion of the CourtBryan, J.
The appellee sued the appellant to recover the price of certain machinery. The defendant relied on an alleged breach of warranty. It appeared that the machinery was sold by one Robert Portner, to the firm of Adler & Mulhauser, of which the defendant was a member, and that the cause of action was assigned to the plaintiff, a body politic and corporate. The defendant testified that in September, 1882, he purchased the machine in question in the City of Baltimore, from Robert Portner; that the price was $1200; no time of payment was mentioned ; nothing was then said about notes ; that Portner…
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