Legal Opinion

North Bros. & Strauss v. Mallory

Court of Appeals of Maryland

Decided January 16, 1902PublishedCited by 17 opinions

Appeal from the Superior Court of Baltimore City (Dobler, J.) Plaintiff's ist Prayer.—If the jury find that the plaintiff and defendants entered into the written contract of Nov. 29, 1899, and thereafter the plaintiff proceeded to erect in the basement of defendants’ premises at the corner of Lombard and Hanover Sts. the steam plant contemplated therein and employed skilful and competent workmen in and about the construction and erection of the same, and delivered and set up…

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Appeal from the Superior Court of Baltimore City (Dobler, J.) Plaintiff's ist Prayer.—If the jury find that the plaintiff and defendants entered into the written contract of Nov. 29, 1899, and thereafter the plaintiff proceeded to erect in the basement of defendants’ premises at the corner of Lombard and Hanover Sts. the steam plant contemplated therein and employed skilful and competent workmen in and about the construction and erection of the same, and delivered and set up the boiler and engine in good faith believing the same to be as represented in the contract, and that afterwards it was…

1Opinion of the CourtPage, J.

The declaration in this case contains seven counts; six of them are common counts in assumpsit; the seventh sets out substantially that the plaintiff and defendants agreed in writing that the former should furnish, deliver and erect in the basement of the defendants’ building, a steam plant, for which the defendants were to pay the plaintiff $2,000 ; that the said steam plant was to be, one 9x12 ball automatic engine (Erie) 45 horse power, second hand but guaranteed to be in first-class condition, and one horizontal tubular boiler 60 inches diameter 13 ft. long, actual 70-horse power; the…

2Cases cited17 opinions

  1. United States v. BehanSupreme Court of the United States · 1884
  2. Black v. WoodrowCourt of Appeals of Maryland · 1874
  3. Dugan v. AndersonCourt of Appeals of Maryland · 1872
  4. Warfield v. BoothCourt of Appeals of Maryland · 1870
  5. Coates v. SangstonCourt of Appeals of Maryland · 1853

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3Cited by17 opinions

  1. Hoffman v. GlockCourt of Special Appeals of Maryland · 1974
  2. Bluthenthal & Bickart v. May Advertising Co.Court of Appeals of Maryland · 1915
  3. I.O.A. Leasing Corp. v. Merle Thomas Corp.Court of Appeals of Maryland · 1971
  4. Winand v. CaseDistrict Court, D. Maryland · 1957
  5. American Towing & Lightering Co. v. Baker-Whiteley Coal Co.Court of Appeals of Maryland · 1909

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