Legal Opinion

Drury v. Young

Court of Appeals of Maryland

Decided July 12, 1882PublishedCited by 54 opinions

Appeal, from The Superior Court of Baltimore City. This suit was brought by the appellee against the appellants. The declaration charged that the plaintiff, on the 26th day of August, 1881, bargained and agreed with the defendants', to buy of them, and the defendants then sold to the plaintiff twenty-five hundred cases (five thousand dozen) of C. C. C. 3 lb. first quality, country packed tomatoes at $1.10 per dozen, to be delivered on cars at the Philadelphia Depot, within a…

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Appeal, from The Superior Court of Baltimore City. This suit was brought by the appellee against the appellants. The declaration charged that the plaintiff, on the 26th day of August, 1881, bargained and agreed with the defendants', to buy of them, and the defendants then sold to the plaintiff twenty-five hundred cases (five thousand dozen) of C. C. C. 3 lb. first quality, country packed tomatoes at $1.10 per dozen, to be delivered on cars at the Philadelphia Depot, within a reasonable time after the date of said contract, and to be paid for by the plaintiff to the defendants, cash on…

1Opinion of the CourtStone, J.

One of the questions presented for our consideration in this case is, whether the “note or memorandum in writing ” required by the seventeenth section of the Statute of Frauds, must be delivered to the other party thereto. It is apparent from the evidence that the note or memorandum in writing relied on in this case, was made by the bookkeeper of the appellants by the direction of one of them, and by the bookkeeper placed in their safe, among other papers, where it remained from the 27th of August, 1881, the day on which it was written, until it was produced in Court, at the trial of the case…

2Cases cited2 opinions

  1. Williams v. WoodsCourt of Appeals of Maryland · 1860
  2. Conway v. Green's Adm'rHigh Court of Chancery of Maryland · 1801

3Cited by54 opinions

  1. Stern v. Board of RegentsCourt of Appeals of Maryland · 2004
  2. Mesibov, Glinert & Levy v. Cohen Bros. Manufacturing Co.New York Court of Appeals · 1927
  3. Western Union Telegraph Co. v. LockeIndiana Supreme Court · 1886
  4. State v. HillNebraska Supreme Court · 1896
  5. Irving v. Goodimate Co.Massachusetts Supreme Judicial Court · 1946

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