Legal Opinion

Lamar v. McNamee

Court of Appeals of Maryland

Decided December 15, 1838PublishedCited by 6 opinions

Appeal from Allegany county court. This was an action of trespass upon the case brought by Moses McJYamee against Richard Lamar, on the 11th June, 1836. The plaintiff declared that he was lawfully possessed óf a certain saw-mill and premises as tenant to the said Richard, on which he had expended large sums of money in improving and repairing the same, and whereas the said Richard was desirous of obtaining possession of the same, and there being a dispute and difficulty…

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Appeal from Allegany county court. This was an action of trespass upon the case brought by Moses McJYamee against Richard Lamar, on the 11th June, 1836. The plaintiff declared that he was lawfully possessed óf a certain saw-mill and premises as tenant to the said Richard, on which he had expended large sums of money in improving and repairing the same, and whereas the said Richard was desirous of obtaining possession of the same, and there being a dispute and difficulty between the said parties in relation to the possession of, and expenditures upon the said property, the said Richard did…

1Opinion of the CourtStephen, Judge

This appeal presents but one question for the decision of this court, and that arises upon the operation of the statute of frauds and perjuries, upon the agreement entered into between the parties, relative to the relinquishment by the appellee, of his unexpired interest in a lease for years, which he held under the appellant. The agreement was by parol, and possession was delivered by the tenant to his landlord, according to the terms of the contract of relinquishment.

It was contended by the appellant in the court below, that the agreement being a verbal one, was inoperative and void by the…

2Cited by6 opinions

  1. Calvert Building & Construction Co. v. WinakurCourt of Appeals of Maryland · 1928
  2. Kinsey v. MinnickCourt of Appeals of Maryland · 1875
  3. Prevas v. GottliebCourt of Appeals of Maryland · 1962
  4. Emrich v. Union Stock Yard Co.Court of Appeals of Maryland · 1897
  5. Brown v. SummerfieldCourt of Appeals of Maryland · 1927

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