Legal Opinion

Cooke v. England

Court of Appeals of Maryland

Decided April 18, 1867PublishedCited by 17 opinions

Appeal from the Circuit Court for Frederick County. While this case is very clearly and fully stated in the opinion of the Court, it is deemed proper to present substantially the very numerous exceptions in the order in which they were taken in the Court below, omitting, however, the extended argument of counsel, and merely giving the authorities on which they relied : 1st Exception, (by appellant.) The plaintiff offered in evidence the cause of action, being the agreement…

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Appeal from the Circuit Court for Frederick County. While this case is very clearly and fully stated in the opinion of the Court, it is deemed proper to present substantially the very numerous exceptions in the order in which they were taken in the Court below, omitting, however, the extended argument of counsel, and merely giving the authorities on which they relied : 1st Exception, (by appellant.) The plaintiff offered in evidence the cause of action, being the agreement to lease, the execution of which was admitted. The defendant objected to the admissibility of this paper in evidence,…

1Opinion of the Court

Weisel, J.,

delivered'the opinion of this Court.

The action in this case was brought in covenant on the 30th September, 1863, by the appellee, plaintiff below. The declaration averred that the defendant- covenanted with the plaintiff to rent to him, the plaintiff, for a certain annual rent, a mill and premises in Carroll county, and that he, the defendant, would, at his expense, keep said mill in the necessary repairs. The breach assigned was that-the defendant did not keep the said mill in the necessary repairs, at his, the defendant’s expense, according to said stipulation, and that he did…

2Cases cited1 opinion

  1. Farmers & Mechanics Bank v. AllenCourt of Appeals of Maryland · 1862

3Cited by17 opinions

  1. Evergreen Amusement Corp. v. MilsteadCourt of Appeals of Maryland · 1998
  2. Thompson v. ClemensCourt of Appeals of Maryland · 1903
  3. Carson v. PhelpsCourt of Appeals of Maryland · 1874
  4. Shafer v. WilsonCourt of Appeals of Maryland · 1876
  5. Bill C. Harris Construction Co. v. PowersSupreme Court of Arkansas · 1977

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