Beale v. Creswell
Court of Appeals of Maryland
Appear, from Cecil county court. This was an action of assumpsit brought by the appellant, who wras a property agent or broker, to recover from the appellee the value of services alleged to have been rendered by him in procuring a purchaser for a certain house in the city of Baltimore belonging to the appellee. The declaration contained the usual indebitatus assumpsit counts, and the plea was non assumpsit. Exception.
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Appear, from Cecil county court. This was an action of assumpsit brought by the appellant, who wras a property agent or broker, to recover from the appellee the value of services alleged to have been rendered by him in procuring a purchaser for a certain house in the city of Baltimore belonging to the appellee. The declaration contained the usual indebitatus assumpsit counts, and the plea was non assumpsit. Exception. The plaintiff proved that defendant, being the owner of three-fourths of a house and lot in the city of Baltimore, united with the owners of the remaining fourth in a deed…
1Dissent
Mason, J.,
dissented, and delivered the following opinion:
I am of the opinion that the plaintiff’s second prayer ought to have been granted.
If the sale to Mr. Morris was the fruit of the labor and skill of the plaintiff previously rendered, the defendant ought to pay for them, and that fact ought to' be left to the jury. The mere circumstance of havingbhanged her relation to the property, from part to sole owner, whether this was done to evade her responsibility to the defendant or not, does not, in my opinion, vary the question. Nor did the revocation of the authority of the plaintiff change…
2Cases cited1 opinion
- Keener v. HarrodCourt of Appeals of Maryland · 1852
3Cited by11 opinions
- Jones v. AdlerCourt of Appeals of Maryland · 1871
- Olson v. PenkertSupreme Court of Minnesota · 1958
- Wyand v. Patterson Agency, Inc.Court of Appeals of Maryland · 1974
- Childs v. RagoneseCourt of Appeals of Maryland · 1983
- DeFranceaux Realty Group, Inc. v. LeethCourt of Appeals of Maryland · 1978
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