Criss v. English
Court of Appeals of Maryland
Appeal from the Superior Court; of Baltimore city. This action was brought by the appellee to recover damages from the appellants, for the alleged breach of the following agreement: “Whereas, a certain John Withers hath loaned to us the sum of ten thousand'dollars, payable in ten years from the 15th of July, 1852, with interest quarterly, or earlier at our option, and holds as security therefor, a piece of lan'd in the city of Baltimore, which was conveyed to him on the day…
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Appeal from the Superior Court; of Baltimore city. This action was brought by the appellee to recover damages from the appellants, for the alleged breach of the following agreement: “Whereas, a certain John Withers hath loaned to us the sum of ten thousand'dollars, payable in ten years from the 15th of July, 1852, with interest quarterly, or earlier at our option, and holds as security therefor, a piece of lan'd in the city of Baltimore, which was conveyed to him on the day of the date hereof, by John Clarke and wife, at the request of Alexander D. Kelly, Junior, one of our firm, to whom the…
1Opinion of the CourtBowie, C. J.
The admission of the evidence offered by the plaintiff, *568and the instructions of the Court, at his instance, based upon that evidence, virtually decide that the recitals in the agreement, were not so material to the obligation of the contract, that a variance in any part of it would invalidate it; but that such variances were susceptible of explanation by parol, and the identity of the thing which was the subject matter of the agreement, being thus established, the plaintiff might recover for the breach, of the contract respecting fhe mortgage.
The subject matter of the contract in this…
2Cases cited6 opinions
- Jackson ex dem. M'Naughton v. LoomisNew York Supreme Court · 1820
- Watkins v. Stockett's Adm'rCourt of Appeals of Maryland · 1825
- Toogood v. ScottCourt of Appeals of Maryland · 1782
- Wesley v. ThomasCourt of Appeals of Maryland · 1823
- Pardee v. BlanchardNew York Supreme Court · 1822
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Littig v. HanceCourt of Appeals of Maryland · 1895
- Dronenburg v. HarrisCourt of Appeals of Maryland · 1908
- Wm. D. Shellady, Inc. v. HerlihyCourt of Appeals of Maryland · 1964
- Cheston L. Eshelman Co. v. FriedbergCourt of Appeals of Maryland · 1957
- Scarlett v. MontellCourt of Appeals of Maryland · 1902