Legal Opinion

Allen v. Burke

High Court of Chancery of Maryland

Decided December 15, 1849PublishedCited by 1 opinion

[The bill was filed on the equity side of Baltimore County Court, on the 7th of December, 1849, by Allen, the complainant, and states, that sometime in the summer of 1848, about the month of August, the defendant, Burke, entered into a parol contract with the plaintiff, by which the defendant stipulated and agreed, in consideration of the plaintiff’s leasing to him certain .premises on Union Dock, in the city of Baltimore, (and of which the defendant in pursuance of such…

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[The bill was filed on the equity side of Baltimore County Court, on the 7th of December, 1849, by Allen, the complainant, and states, that sometime in the summer of 1848, about the month of August, the defendant, Burke, entered into a parol contract with the plaintiff, by which the defendant stipulated and agreed, in consideration of the plaintiff’s leasing to him certain .premises on Union Dock, in the city of Baltimore, (and of which the defendant in pursuance of such renting, took possession, and now occupies as a part of his establishment for opening and exporting oysters,) that the…

1Opinion of the Court

The Chancellor:

This case transferred from the equity side of Baltimore County Court, has been argued by the counsel of the parties, upon the motion to dissolve the injunction, and is now laid before this court, for decision upon that motion.

The argument has turned very much upon the proof taken under the Act of Assembly, and order of Baltimore County Court passed in pursuance thereof; but I am relieved from the necessity of expressing an opinion upon the evidence, by the view which I have taken of the plaintiff’s case, as presented by his ■ bill. The object of the bill, is, to enforce the…

2Cases cited1 opinion

  1. Parkhurst v. Van CortlandtNew York Court of Chancery · 1814

3Cited by1 opinion

  1. Taussig v. CorbinCourt of Appeals for the Third Circuit · 1906

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