Osgood v. Lewis
Court of Appeals of Maryland
Appeal from Baltimore County Court. This was an action on the case brought on the 27th of March 1822, by the appellants, (the plaintiffs iti that court,) against the appellee, (the defendant in the said court.) The declaration contained four counts.
Read the full summary
Appeal from Baltimore County Court. This was an action on the case brought on the 27th of March 1822, by the appellants, (the plaintiffs iti that court,) against the appellee, (the defendant in the said court.) The declaration contained four counts. The first count stated, “that whereas the plaintiffs, copartners, trading under the firm of Osgood .and Company, heretofore, to wit, on the 1st of December 1821, at Baltimore county aforesaid, at the special instance and request of the defendant, bargained with the defendant to buy of him a quantity of oil; that is to say, 115 casks, containing…
1Opinion of the CourtDorsey, J.
Three questions have been argued in this cause. The first (presented by the 1st, 2d and 3d exceptions) is, whether the statement in the bill of parcels, that the oil therein mentioned was winter pressed, be a warranty of that fact? The second, (arising on the 4th exception,) is, whether upon the whole proof permitted to go to the jury, the county court erred in instructing them, that there was no evidence that the oil was warranted winter pressed? The third question (involved both in the third and fourth exceptions,) is, can the appellants, having sued in case, and charged fraud and deceit,…
2Cases cited2 opinions
- Swett v. ColgateNew York Supreme Court · 1822
- Cramer v. BradshawNew York Supreme Court · 1813
3Cited by7 opinions
- Camino Real Mobile Home Park Partnership v. WolfeNew Mexico Supreme Court · 1995
- Rice v. ForsythCourt of Appeals of Maryland · 1875
- Rittenhouse, Winterson Auto. Co. v. KissnerCourt of Appeals of Maryland · 1916
- Fred J. Miller, Inc. v. Raymond Metal Products Co.Court of Appeals of Maryland · 1972
- Gunther v. AtwellCourt of Appeals of Maryland · 1862
2 more not listed; retrieve them via the Exa API.