Lustbader v. Ulman
Court of Appeals of Maryland
Appeal from the Baltimore City Court (Dawkins. L). Action by Louis Ulman against Hbsiiah Lustbader. Erom a judgment for plaintiff, defendant appeals.
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Appeal from the Baltimore City Court (Dawkins. L). Action by Louis Ulman against Hbsiiah Lustbader. Erom a judgment for plaintiff, defendant appeals. By the plaintiff’s third prayer the jury was instructed as follows: “The jury are instructed that they are not to consider any of the defendant’s claims of set-off in this case unless the jury find that the same grew out of the labor and materials actually contracted for by the plaintiff and which should have been furnished by the plaintiff.”
1Opinion of the CourtBriscoe, J.
The plaintiff sued -the defendants, in the Baltimore City Court, in assumpsit, to recover a balance due for certain work done and materials furnished by the plaintiff in making certain repairs and alterations to a house or building, owned by the defendant, under an oral contract, and also for certain extra work and materials done thereon, at the request of the defendant. These additions and improvements were to be made to a building owned by the defendants, and known as bio. 304 W. Biddle Street, Baltimore City.
A statement and account attached to the declaration shows the contract price for…
2Cases cited10 opinions
- Jones v. JonesCourt of Appeals of Maryland · 1876
- Baltimore Elevator Co. v. NealCourt of Appeals of Maryland · 1886
- Burke v. Mayor of BaltimoreCourt of Appeals of Maryland · 1916
- Nat. Bk. of Washington v. MordecaiCourt of Appeals of Maryland · 1919
- Duvall v. RidoutCourt of Appeals of Maryland · 1914
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3Cited by3 opinions
- Eastern Heavy Constructors, Inc. v. FoxCourt of Appeals of Maryland · 1963
- Weiss v. Northern Dredge & Dock Co.Court of Appeals of Maryland · 1928
- Hirsch v. YakerCourt of Appeals of Maryland · 1961