King ex rel. Rayner v. Clogg
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This suit was brought by the appellant against the appellee to recover upon a written contract entered into between them.
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Appeal from the Superior Court of Baltimore City. This suit was brought by the appellant against the appellee to recover upon a written contract entered into between them. Beside the common counts, and one “for a messuage of lands sold and conveyed by the plaintiff to the defendant,” the declaration contained the following count: “And for that whereas on the 4th day of November, 1873, at the city aforesaid, in consideration that the said Joseph A. King, at the request of the said George S. Clogg, had sold to the said Clogg, and the said Clogg had purchased of the said King, three lots of…
1Opinion of the CourtStewart, J.
Courts do not make contracts for the parties concerned.
*352When a contract is brought under the review of a Court, it is merely its province to put such interpretation upon its terms, as to effectuate the intention of the parties thereto.
It was competent for the parties in this case to have made a contract that a specific .lot of boots and shoes, valued by one of the parties, Clogg, the vendor, at $1250, should be assumed for the purpose of exchange, to be worth that much ; and that at such valuation they should be received by the other party, King, the vendee, in part payment for the land…
2Cited by1 opinion
- Wooldridge v. RoyerCourt of Appeals of Maryland · 1888