Fusting v. Sullivan
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. A declaration in assumpsit with the common counts was filed by John C. Sullivan and Richard K. Cross, trading as J. C. Sullivan & Co., against Joseph P. Eusting, in the Circuit Court for Baltimore County. The writ was issued on the 20th of February, 1871, and was returned summoned to March Term, 1871, of that Court.
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Appeal from the Superior Court of Baltimore City. A declaration in assumpsit with the common counts was filed by John C. Sullivan and Richard K. Cross, trading as J. C. Sullivan & Co., against Joseph P. Eusting, in the Circuit Court for Baltimore County. The writ was issued on the 20th of February, 1871, and was returned summoned to March Term, 1871, of that Court. A demand was made for a bill of particulars, and in response the plaintiffs filed on the 31st of March, 1871, an open account for goods sold, beginning 5tli October, 1868, and'running through every month to 23rd November, 1870,…
1Opinion of the CourtBowie, J.
The first exception of the appellants, is taken to the admission of certan parol evidence, offered by the appellee (the plaintiff below) to prove that in the contract between the plaintiff and witness on the one part, and the appellants’ intestate, on the other part, for the purchase of the stock of goods, etc. it was verbally agreed between the parties, during the negotiation and before the contract was concluded, that they bought with the distinct understanding, that Fusting, the appellants’ intestate, would not go into *167business in Catonsville, and that tlie acquisition of the good-will of…
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