Baltimore Cemetery Co. v. Coburn
Court of Appeals of Maryland
Appeal from the Court of Common Pleas for Baltimore city. Assumpsit by the appellee against the appellants, to recover compensation for building two windows in a gateway, which the plaintiff, by a written contract under seal, had agreed to build for the defendants. The declaration contained a count for work and labor, and materials furnished, and the common money counts. Plea, non assumpsit. Exception.
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Appeal from the Court of Common Pleas for Baltimore city. Assumpsit by the appellee against the appellants, to recover compensation for building two windows in a gateway, which the plaintiff, by a written contract under seal, had agreed to build for the defendants. The declaration contained a count for work and labor, and materials furnished, and the common money counts. Plea, non assumpsit. Exception. The plaintiff proved by the architect, employed by the defendants to superintend the erection of the gateway at the entrance to their cemetery, that the plaintiff' built it after a certain plan…
1Opinion of the CourtTuck, J.
The parties entered into a written agreement for the erection, by the appellee for the appellant, of a gateway, according to a specified plan. The contract contained this clause: “It is hereby mutually agreed that should any alteration be contemplated from the present design, it may be done, provided the parties beforehand agree upon the price, and endorse it upon the contract, and unless such agreement be also entered, it is to be taken to be an agreement to make the alteration without any change in price of the original contract.” Some changes were made in the progress of the work, about…
2Cited by15 opinions
- Abbott v. GatchCourt of Appeals of Maryland · 1859
- Wortman v. KleinschmidtMontana Supreme Court · 1892
- Badders & Britt v. DavisSupreme Court of Alabama · 1889
- Atlantic & Danville Railway Co. v. Delaware Construction Co.Supreme Court of Virginia · 1900
- Southern Maryland Hospital Center v. Edward M. Crough, Inc.Court of Special Appeals of Maryland · 1981
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