Ijams v. Hoffman
Court of Appeals of Maryland
This is an appeal from Frederick county court, in an action of assumpsit. The action was brought by appellant, to recover $291.58|-. The declaration contains three counts : 1st, articles properly chargeable in account, 2nd, for good, wares and merchandizes, 3rd, upon an account stated. Pleas. 1st, non-assumpsit as to the account, except $226.50. 2nd, plea of tender of that sum.
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This is an appeal from Frederick county court, in an action of assumpsit. The action was brought by appellant, to recover $291.58|-. The declaration contains three counts : 1st, articles properly chargeable in account, 2nd, for good, wares and merchandizes, 3rd, upon an account stated. Pleas. 1st, non-assumpsit as to the account, except $226.50. 2nd, plea of tender of that sum. The plaintiff took issue on the plea of non-assumpsit, accepted the sum tendered, and filed replication as to the residue, claiming over and above the sum tendered, and tendering an issue, which was accepted by the…
1Opinion of the CourtLe Grand, C. J.
The only question presented by the first exception in this case is, was there such evidence of a memorandum in writing, of the sale, as justified the requisitions of the 17th section of the statute of frauds? We think there was not. The court below in their ruling assume, as proved, what was not. The plaintiff offered evidence, to show that the party who made the memorandum, was present at the sale, "acting as the clerk of the plaintiff.” There was not a particle of evidence tending to show he was clerk to the auctioneer, or, that the defendant had either directly or indirectly made him his…
2Cited by7 opinions
- Serdenes v. Aetna Life InsuranceCourt of Special Appeals of Maryland · 1974
- Jelks v. BarrettMississippi Supreme Court · 1876
- Moore v. TaylorCourt of Appeals of Maryland · 1895
- Reckord Manufacturing Co. v. MasseyCourt of Appeals of Maryland · 1926
- Romani v. HarrisCourt of Appeals of Maryland · 1969
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