Bayne v. Suit
Court of Appeals of Maryland
Upon an appeal from Prince George’s county court, in an action of covenant brought in the said court by the appellant, upon the following sealed agreement of the appellees: “Bought of John H. Bayne, one of the administrators of Mrs. Mary E. Welling, two servants,. Tom and Aaron, for the sum of $1150. In case the administrator, James G. Webster, should not- sanction- the sale made by the above John H. Bayne, we bind and oblige ourselves, under the penalty of $300, to return…
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Upon an appeal from Prince George’s county court, in an action of covenant brought in the said court by the appellant, upon the following sealed agreement of the appellees: “Bought of John H. Bayne, one of the administrators of Mrs. Mary E. Welling, two servants,. Tom and Aaron, for the sum of $1150. In case the administrator, James G. Webster, should not- sanction- the sale made by the above John H. Bayne, we bind and oblige ourselves, under the penalty of $300, to return the above named negroes to John H. Bayne, or James G. Webster, on or before Saturday night next, and provided the…
1Opinion of the CourtMason, J.
The question presented in this case, is, whether the covenant, which constitutes the basis of this action, is such a one as ought to be recognised and enforced by this court. It provides for the sale and delivery of certain negroes therein named, and for their re-delivery, upon certain contingencies. In pursuance of the agreement, the slaves were delivered, and the purchase money paid for them-. The failure on the part of the defendants, to return the negroes as stipulated in the contract, led to the institution of this suit, for the recovery of damages, for this breach of the covenant.
By the…
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