Linz v. Schuck
Court of Appeals of Maryland
Appeal from the Superior .Court of Baltimore City (Elliott, J.) The main point upon which this case turns is whether or not Schuck was legally compelled to perform his original con-' tract to dig Linz’s cellar. Whether Schuck could abandon the work he agreed to perform ; then by stress of circumstances and conditions compel Linz to pay him more money before consenting to perform that which he had bound himself by solemn contract to do for a specified sum.
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Appeal from the Superior .Court of Baltimore City (Elliott, J.) The main point upon which this case turns is whether or not Schuck was legally compelled to perform his original con-' tract to dig Linz’s cellar. Whether Schuck could abandon the work he agreed to perform ; then by stress of circumstances and conditions compel Linz to pay him more money before consenting to perform that which he had bound himself by solemn contract to do for a specified sum. Whether Linz’s promise (according to plaintiff’s testimony) to Schuck to pay him an additional sum other than that named in the contract…
1Opinion of the CourtBoyd, J.
The appellee sued the appellant on the common counts for a balance claimed to be due for work done and materials provided, etc., under the following circumstances: The appellant owned a house known as No. 3038 Elliott street, at the corner of Canton street in Baltimore City, which was built without a cellar, was not plastered or partitioned off on the second story, and the rear was arranged for a stable. The appellee entered into a contract in writing with the appellant which states: “Cellar to be dug under the entire store to the partition wall between kitchen and store to a depth of 7 feet,…
2Cases cited21 opinions
- Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
- Ellicott v. TurnerCourt of Appeals of Maryland · 1853
- Lingenfelder v. Wainwright Brewing Co.Supreme Court of Missouri · 1890
- King v. Duluth, Missabe & Northern Railway Co.Supreme Court of Minnesota · 1895
- Ayres v. C., R. I. & P. R.Supreme Court of Iowa · 1879
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3Cited by47 opinions
- n.sidney Nyhus v. Travel Management CorporationCourt of Appeals for the D.C. Circuit · 1972
- Blakeslee v. Board of Water CommissionersSupreme Court of Connecticut · 1927
- Allstate Insurance v. StinebaughCourt of Appeals of Maryland · 2003
- Berringer v. SteeleCourt of Special Appeals of Maryland · 2000
- Kerns v. Ætna Life Ins.Court of Appeals for the Eighth Circuit · 1923
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