Legal Opinion

Walsh v. Jenvey

Court of Appeals of Maryland

Decided February 24, 1897PublishedCited by 10 opinions

Appeal from the Circuit Court for Allegany County (Sloan, J.) At the trial the following prayers were offered : Plaintiff's ist Prayer. — That if the jury find from the evidence that there was a contract between William E. Walsh and the plaintiff, by the terms of which the plaintiff was to rebind and clean the law books of the said William E. Walsh at the rate and for the price of one dollar per volume for rebinding and cleaning such of said books as required to be rebound…

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Appeal from the Circuit Court for Allegany County (Sloan, J.) At the trial the following prayers were offered : Plaintiff's ist Prayer. — That if the jury find from the evidence that there was a contract between William E. Walsh and the plaintiff, by the terms of which the plaintiff was to rebind and clean the law books of the said William E. Walsh at the rate and for the price of one dollar per volume for rebinding and cleaning such of said books as required to be rebound and cleaned, and at the rate of ten cents per volume for cleaning such of said law books as were not required to be…

1Opinion of the CourtFowler, J.

This was an action on the common counts for work done and materials furnished. The defendant employed the plaintiff to rebind and clean his law books, which had been damaged by fire and water. Both parties agree there was a special contract, but they differ as to its terms. In the view we have taken this difference is not material, for it appears from the testimony of both parties that the work contracted for was in fact completed and that the books were delivered to the defendant. The defence set up by the defendant is that the special contract not having been fully executed the plaintiff…

2Cases cited2 opinions

  1. Ridgeley v. CrandallCourt of Appeals of Maryland · 1853
  2. City & Suburban Railway Co. v. Thomas C. Basshor & Co.Court of Appeals of Maryland · 1896

3Cited by10 opinions

  1. Waite v. Shoemaker & Co.Montana Supreme Court · 1915
  2. Bluthenthal & Bickart v. May Advertising Co.Court of Appeals of Maryland · 1915
  3. Bright v. GanasCourt of Appeals of Maryland · 1937
  4. Turner v. EaganCourt of Appeals of Maryland · 1911
  5. Hirsch v. YakerCourt of Appeals of Maryland · 1961

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