Smith v. Bryan
Court of Appeals of Maryland
Appeal from the Circuit Court for Queen Anne’s County. Assumpsit by Smith against Bryan for the value of certain trees standing upon the huid of the latter.
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Appeal from the Circuit Court for Queen Anne’s County. Assumpsit by Smith against Bryan for the value of certain trees standing upon the huid of the latter. The declaration contains: — 1st, a special count upon an alleged parol contract, by which the plaintiff sold to defendant all the pine trees, amounting to 501, standing uncut upon the land of defendant, (which trees had been previously sold by the defendant, to the plaintiff,) that would measure five feet and upwards in circumference for three dollars per tree; 2nd, a general count for the value of the trees. Plea non-assumpsit. The proof…
1Opinion of the CourtLe Grand, C. J.
This is an action of assumpsit, instituted by the appellant to recover from the appellee the value of certain trees standing on the land of the latter. It appears from the evidence in the record, that in the year 1849, the appellee, by a written contract of sale, sold to the appellant certain trees standing on the land of the former, and that in pursuance of this contract the appellant cut down and removed a portion of the trees so purchased. It also appears that in the year 1850, in the presence of the appellee, the appellant said to the witness Larrimore, “I have sold to Mr. Bryan all the…
2Cited by20 opinions
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- Burton v. Artery CompanyCourt of Appeals of Maryland · 1977
- Purner v. PiercyCourt of Appeals of Maryland · 1874
- Marshall v. FergusonCalifornia Supreme Court · 1863
- Leonard v. MedfordCourt of Appeals of Maryland · 1897
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