Engler v. Garrett
Court of Appeals of Maryland
Appeal from Circuit Court No. 2, of Baltimore City (Sharp, J.) No exceptions have been filed either to the sufficiency of the bill or to any of the evidence, and therefore no objection can now be made to the sufficiency of the averments of the bill or to the admissibility of any evidence, and the case will now be decided “according to the matters established by the proof,” Code, Art. 5, sec 34; Miller's Equity, sec. 329-334; Schroeder v. Loeber, 75 Md. 195, 202. As the…
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Appeal from Circuit Court No. 2, of Baltimore City (Sharp, J.) No exceptions have been filed either to the sufficiency of the bill or to any of the evidence, and therefore no objection can now be made to the sufficiency of the averments of the bill or to the admissibility of any evidence, and the case will now be decided “according to the matters established by the proof,” Code, Art. 5, sec 34; Miller's Equity, sec. 329-334; Schroeder v. Loeber, 75 Md. 195, 202. As the answer in this case admits the agreement and does not set up the Statute of Frauds, no reliance as a defense can now be had…
1Opinion of the CourtFowler, J.
This is a bill for specific performance. It alleges that on the 21st September, 1903, the defendant, Frank L. Garrett, agreed to sell to the plaintiff, Emory E. Engler, a house and lot in Baltimore known as No. 2035 North Fulton ave. for the sum of $1,250 and that the plaintiff paid to the defendant twenty-five dollars on account of said purchase; that at the time said agreement was made the defendant executed and delivered to him the following memorandum in writing:
Baltimore, Md.
Sept. 21, 1903.
Received of Emory E. Engler twenty-five dollars on ac. of house No. 2035 N. Fulton ave. being part…
2Cases cited5 opinions
- Smoot v. ReaCourt of Appeals of Maryland · 1863
- Schroeder v. LoeberCourt of Appeals of Maryland · 1892
- Kraft v. EganCourt of Appeals of Maryland · 1892
- Thistle Mills Co. v. BoneCourt of Appeals of Maryland · 1900
- Edelen v. GoughCourt of Appeals of Maryland · 1847
3Cited by36 opinions
- Blondell v. TuroverCourt of Appeals of Maryland · 1950
- Lissau v. SmithCourt of Appeals of Maryland · 1958
- Brewer v. SowersCourt of Appeals of Maryland · 1912
- King v. KaiserCourt of Appeals of Maryland · 1915
- Lawson v. MullinixCourt of Appeals of Maryland · 1906
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