Legal Opinion

Baltimore & Ohio Rail Road v. Resley

Court of Appeals of Maryland

Decided December 15, 1854PublishedCited by 7 opinions

Appeal from the Circuit Court for Allegany county. Jlssumpsit by the appellees against the appellant, to recover for excavating and constructing the 21st section of the Baltimore and Ohio Rail Road west of Cumberland. The counts in the declaration chiefly relied on were for work and labor, and money paid, laid out and expended.

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Appeal from the Circuit Court for Allegany county. Jlssumpsit by the appellees against the appellant, to recover for excavating and constructing the 21st section of the Baltimore and Ohio Rail Road west of Cumberland. The counts in the declaration chiefly relied on were for work and labor, and money paid, laid out and expended. There were also two counts for refusing and neglecting to repair a bridge over the Potomac river which the defendant had erected, and which the nar alleges it agreed to keep in repair for the convenience of the plaintiffs in hauling dirt for the embankments, &c. Pleas,…

1Opinion of the CourtLe Grand, C. J.

After the introduction of the testimony of the witness Dayton, and that of other witnesses to the same points, the defendants gave in evidence written articles of agreement between the plaintiffs and the defendants, from which it *311appeared that it had been agreed upon between the parties, that a particular mode was fixed in which the character and value of the work to be done was to be ascertained. The clauses in the contract applicable to this branch of the case are in these words. After speaking of payments the contract proceeds thus: “The above payments shall be made in the following…

2Cases cited1 opinion

  1. Rodemer v. GonderCourt of Appeals of Maryland · 1850

3Cited by7 opinions

  1. Lynn v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1883
  2. Richardson v. AndersonCourt of Appeals of Maryland · 1909
  3. Tu v. StateCourt of Appeals of Maryland · 1994
  4. Jenkins v. LongCourt of Appeals of Maryland · 1855
  5. Allen Engineering Corp. v. LattimoreCourt of Appeals of Maryland · 1964

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