Wadsworth v. Manning
Court of Appeals of Maryland
Appeal from the Equity Side of the Superior Court for Baltimore city. The bill in this pase was filed by the appellant on the 14th of August 1851, stating that in 1849, he became possessed of the right to mine zinc ore on certain lands in Lehigh county, Pennsylvania, for the space of three years from the 1st of January 1850, which ore was of unexampled purity and richness, yielding over sixty per cent of clear metal, but could only be rendered profitable by being…
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Appeal from the Equity Side of the Superior Court for Baltimore city. The bill in this pase was filed by the appellant on the 14th of August 1851, stating that in 1849, he became possessed of the right to mine zinc ore on certain lands in Lehigh county, Pennsylvania, for the space of three years from the 1st of January 1850, which ore was of unexampled purity and richness, yielding over sixty per cent of clear metal, but could only be rendered profitable by being manufactured into metals and paints, and that for this purpose he, on the 1st of December 1849, entered into the contract in…
1Opinion of the CourtLe Grand, C. J.
We discover no error in the decree of the Superior Court, The pleadings and proof show', plainly enough, that it is not such a case as to demand of a court of equity a decree for the specific performance of the contract relied upon, nor to justify its interposition, by way of injunction, against the rights of the mortgagee.
It seems that the appellant, having an interest in a zinc mine in Pennsylvania, was anxious to make some arrangement by which it could be manufactured into paints, &c., and, with this view, entered into a contract with the defendants, Stimpson, Manning and McTavish, by…
2Cases cited1 opinion
- Dunham v. GillisMassachusetts Supreme Judicial Court · 1812
3Cited by11 opinions
- Hyer v. Richmond Traction Co.Supreme Court of the United States · 1897
- Hill v. PalmerWisconsin Supreme Court · 1882
- Edwards v. RemingtonWisconsin Supreme Court · 1881
- Newman v. RubyWest Virginia Supreme Court · 1903
- Mann v. BowenSupreme Court of Georgia · 1890
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