Legal Opinion

Blakistone v. German Bank

Court of Appeals of Maryland

Decided March 3, 1898PublishedCited by 7 opinions

Appeal from the Baltimore City Court (Phelps, J.) At the trial the defendant offered the following prayers : Defendant's istPrayer.—That it is the duty of the jury to determine whether or not the whole of the contract between the defendant and C. L. Gwinn & Co. was embraced in the letter from C. L. Gwinn & Co. to the defendant, making the offer to construct the one hundred fenders, more or less, and the acceptance of said offer by the defendant by the writing set out in the…

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Appeal from the Baltimore City Court (Phelps, J.) At the trial the defendant offered the following prayers : Defendant's istPrayer.—That it is the duty of the jury to determine whether or not the whole of the contract between the defendant and C. L. Gwinn & Co. was embraced in the letter from C. L. Gwinn & Co. to the defendant, making the offer to construct the one hundred fenders, more or less, and the acceptance of said offer by the defendant by the writing set out in the pleading, and if they shall find that the whole of the contract was not embraced in the said two writings, then it will…

1Opinion of the CourtPage, J.

This suit was brought by the appellee, to recover on an alleged acceptance of the appellant, of an order on the latter from Gwinn & Co. for the payment of whatever should become due on a contract between that firm and the appellant, for the manufacture of certain car-fenders. The contract referred to was created by two letters ; one dated the twelfth day of February from Gwinn & Co. to the appellant, in the words following : “ We will be pleased to furnish you with one hundred, more or less, complete fenders, equipments for the Washington and Georgetown Railway Company, for twenty-five…

2Cases cited4 opinions

  1. Thomas Roberts & Co. v. BonaparteCourt of Appeals of Maryland · 1890
  2. Thomson v. GortnerCourt of Appeals of Maryland · 1891
  3. Delashmutt v. ThomasCourt of Appeals of Maryland · 1876
  4. Delamater v. ChappellCourt of Appeals of Maryland · 1878

3Cited by7 opinions

  1. Markoff v. KreinerCourt of Appeals of Maryland · 1941
  2. W., B. A.R.R. Co. v. MossCourt of Appeals of Maryland · 1915
  3. Blenard v. BlenardCourt of Appeals of Maryland · 1946
  4. Crane v. WilliamsonCourt of Appeals of Kentucky · 1901
  5. Pistel v. Imperial Mutual Life InsuranceCourt of Appeals of Maryland · 1898

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