Eichelberger v. M'Cauley
Court of Appeals of Maryland
Appear from Washington county court. Assumpsit to recover damages for the violation of a contract of the fendant, to deliver a quantity of wheat to the plaintiff, at a particular day. 'The facts are fully stated in the court’s opinion. The opinion of the court bcíow, (Buphanan, Ch. 1 1 \ 5 * ’ . ‘ . . ^ . . and T\ Buchanan, A. J.J was aaamst the piaintin, and the verdict and judgment being also against him, he prosecuted the present appeal.
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Appear from Washington county court. Assumpsit to recover damages for the violation of a contract of the fendant, to deliver a quantity of wheat to the plaintiff, at a particular day. 'The facts are fully stated in the court’s opinion. The opinion of the court bcíow, (Buphanan, Ch. 1 1 \ 5 * ’ . ‘ . . ^ . . and T\ Buchanan, A. J.J was aaamst the piaintin, and the verdict and judgment being also against him, he prosecuted the present appeal. The case of Bryan vs. MiJEldery, solving the same question as the present case, was also pending in this court at the present term, on an from Prince-…
1Opinion of the Court
At this term the opinio^ pf the court was delivered by
Earle, J.
The facts of this case appear as follows: Ok the 14th of November 1816, Mi Cauley entered into a verbal contract with Eichelberger, to deliver to him 8Ó0 bushels of wheat, which was then unthreshed and in the straw, and sa understood between the parties, by or before the Christmas following, if the weather would admit of the said wheat being got out by that time, for which Eichelberger was to pay -at the rate and price of one dollar and sixty-five cents per bushel on the delivery, and give McCauley the offal thereof. The weather…
2Cited by7 opinions
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- Doe ex dem. Hughes v. WilkinsonSupreme Court of Alabama · 1860
- Bagby v. WalkerCourt of Appeals of Maryland · 1893
- Willard v. HigdonCourt of Appeals of Maryland · 1914
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