Horner v. Parkhurst
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County. The case is stated in the opinion of the Court. Exception. — The plaintiffs offered the three following prayers: 1. If the jury find that the plaintiffs sold and delivered to defendant the goods sued for, and that in making the sale the plaintiffs represented that they could furnish an article which they were then receiving from Smith’s ferry, under a contract with one Chase, to supply them benzine of about 68 degrees…
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Appeal from the Circuit Court for Baltimore County. The case is stated in the opinion of the Court. Exception. — The plaintiffs offered the three following prayers: 1. If the jury find that the plaintiffs sold and delivered to defendant the goods sued for, and that in making the sale the plaintiffs represented that they could furnish an article which they were then receiving from Smith’s ferry, under a contract with one Chase, to supply them benzine of about 68 degrees gravity, and that the benzine must be light, or ought to be light, because all the oil coming from that district was light;…
1Opinion of the CourtRobinson, J.
The plaintiff's were dealers in benzine and petroleum, and the defendant was a manufacturer of fertilizers, and sometimes used benzine in the process of manufacture. This is an action to recover the contract price of a cargo of benzine sold and delivered to the defendant. According to the plaintiffs’ testimony, Mitchell, the defendant’s agent, came to the office of' the plaintiffs to buy a cargo of benzine, and said he wanted a very light benzine, *115but did not say for what purpose the defendant wanted it. The plaintiffs told him they were getting a lot of benzine under a contract with Chase &…
2Cases cited3 opinions
- Rice v. ForsythCourt of Appeals of Maryland · 1875
- Hyatt v. BoyleCourt of Appeals of Maryland · 1833
- Ridgely v. GittingsCourt of Appeals of Maryland · 1827
3Cited by8 opinions
- White Automobile Co. v. DorseyCourt of Appeals of Maryland · 1913
- Rittenhouse, Winterson Auto. Co. v. KissnerCourt of Appeals of Maryland · 1916
- Luria Bros. & Co. v. KlaffCourt of Appeals of Maryland · 1921
- Scriven v. HechtCourt of Appeals for the Second Circuit · 1923
- Commercial Realty & Construction Co. v. DorseyCourt of Appeals of Maryland · 1910
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