Legal Opinion

Klosterman v. United Electric & Power Co.

Court of Appeals of Maryland

Decided March 5, 1905PublishedCited by 4 opinions

Appeal from the Superior Court of Baltimore City (Dobler, J.) Plaintiff’s Prayer.—If the Court sitting as a jury shall find that on or about the 8th day of May, the National Coliseum Company, a body corporate, by C. Ross Klosterman, its secretary and treasurer, made to the plaintiff the written proposal, offered in evidence, for the service of electric current, for a period of twenty weeks and agreed to pay the sum of $470 for the service of said electric current and shall…

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Appeal from the Superior Court of Baltimore City (Dobler, J.) Plaintiff’s Prayer.—If the Court sitting as a jury shall find that on or about the 8th day of May, the National Coliseum Company, a body corporate, by C. Ross Klosterman, its secretary and treasurer, made to the plaintiff the written proposal, offered in evidence, for the service of electric current, for a period of twenty weeks and agreed to pay the sum of $470 for the service of said electric current and shall further find that C. Ross Klosterman, the defendant, promised in writing to secure the payment of said sum in the…

1Opinion of the CourtPage, J.

This is an action of assumpsit, brought by the appellees against the appellant for the alleged failure of the former to pay the amount due under its agreement to furnish electric current to the premises of the National Coliseum Company. At the conclusion of the testimony the Court granted one instruction for the appellees and rejected the three asked for by the appellant; and as to the correctness of this action of the Court, arise all the questions that are presented by this record.

The evidence shows, that on the 5th of May, 1902, the National Coliseum Company made application, in writing,…

2Cases cited4 opinions

  1. Nabb v. KoontzCourt of Appeals of Maryland · 1861
  2. Roberts v. Woven Wire Mattress Co.Court of Appeals of Maryland · 1877
  3. Deutsch ex rel. Kanders v. BondCourt of Appeals of Maryland · 1877
  4. Ordeman v. LawsonCourt of Appeals of Maryland · 1878

3Cited by4 opinions

  1. Marin Water & Power Co. v. Town of SausalitoCalifornia Supreme Court · 1914
  2. San Joaquin Light & Power Corp. v. CostaloupesCalifornia Court of Appeal · 1929
  3. Peck v. Stafford Flour Mills Co.Court of Appeals for the Eighth Circuit · 1923
  4. Lutz v. PorterCourt of Appeals of Maryland · 1955

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