Gunby v. Sluter
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. The case is stated in the opinion of the Court. Exception. — At the trial below, the plaintiff offered the three following prayers : 1. If the jury believe from the evidence that the plaintiff agreed with the defendant to buy her house on Poppleton street, in the City of Baltimore, for the sum of five thousand five hundred dollars ; and shall further find, that the plaintiff paid to the defendant one thousand dollars, on the…
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Appeal from the Superior Court of Baltimore City. The case is stated in the opinion of the Court. Exception. — At the trial below, the plaintiff offered the three following prayers : 1. If the jury believe from the evidence that the plaintiff agreed with the defendant to buy her house on Poppleton street, in the City of Baltimore, for the sum of five thousand five hundred dollars ; and shall further find, that the plaintiff paid to the defendant one thousand dollars, on the 26th day of July, in the year 1871, on account of the purchase money for said house ; and shall further find, that the…
1Opinion of the CourtBartol, C. J.
The appellee agreed to purchase from the appellant a house and lot in the City of Baltimore for $5500, and paid her $1000 on account of the purchase money, and has brought this suit to recover back the money so paid.
The plaintiff places his right to recover upon two grounds, first, because the defendant represented her title *246to the property to he in fee-simple, and that the representation was untrue; and. secondly, because the agreement of purchase was rescinded and abandoned by mutual consent, an.d the defendant promised to repay the $1000.
A good deal of testimony was offered on both sides,…
2Cases cited4 opinions
- Basshor v. ForbesCourt of Appeals of Maryland · 1872
- Coates v. SangstonCourt of Appeals of Maryland · 1853
- Rayner v. WilsonCourt of Appeals of Maryland · 1876
- Ely v. StewartCourt of Appeals of Maryland · 1852
3Cited by20 opinions
- Milkton v. FrenchCourt of Appeals of Maryland · 1930
- Boring v. JungersCourt of Appeals of Maryland · 1960
- Ryan v. BradyCourt of Special Appeals of Maryland · 1976
- Grauel v. RoheCourt of Appeals of Maryland · 1945
- Gibula v. SauseCourt of Appeals of Maryland · 1937
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