Stockham v. Stockham
Court of Appeals of Maryland
Appeal from the Circuit Court for Harford County. George Stockham, on the 11th of January, 1864, purchased of Elizabeth Stockham a farm, called “ Mile Square,” for the sum of $11,000. At the time of the purchase, he held a mortgage on the farm for $6,500, and an undisputed open account and draft against Elizabeth Stockham.
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Appeal from the Circuit Court for Harford County. George Stockham, on the 11th of January, 1864, purchased of Elizabeth Stockham a farm, called “ Mile Square,” for the sum of $11,000. At the time of the purchase, he held a mortgage on the farm for $6,500, and an undisputed open account and draft against Elizabeth Stockham. By the terms of the sale, these claims were to be deducted from the purchase money; f1,000 was to be paid on taking possession, and the balance the ensuing January, (1865.) The contract of sale was contained in a correspondence between the parties, and the question in…
1Opinion of the CourtMileeje, J.
There are errors in the rulings of the Court below requiring a reversal of this judgment, and as the case is to be sent *202back for another trial, it is essential to settle the true construction of the contract for the sale of the farm, the only-matter of dispute between the parties., This contract being in writing, effected by means of letters, its construction is to be declared by the Court, and should not be submitted to the finding of the jury.
The offer contained in the letter of January 11th, 1864, from the vendee to the vendor, is in these words: “ I now offer $11,000 for said farm as it…
2Cases cited5 opinions
- Ringgold v. RinggoldCourt of Appeals of Maryland · 1826
- Wheat v. CrossCourt of Appeals of Maryland · 1869
- Hutchins v. DixonCourt of Appeals of Maryland · 1857
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- Deakins v. HollisCourt of Appeals of Maryland · 1835
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