Berry v. Harper
Court of Appeals of Maryland
Appeal from Prince Georges County Court. This was an action of Assumpsit, commenced by the appellant against the appellee, and .Elizabeth his wife, formerly Elizabeth Magruder, on the 10th of March, 183L The death of Elizabeth was suggested, whilst the cause was depending in the County Court.
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Appeal from Prince Georges County Court. This was an action of Assumpsit, commenced by the appellant against the appellee, and .Elizabeth his wife, formerly Elizabeth Magruder, on the 10th of March, 183L The death of Elizabeth was suggested, whilst the cause was depending in the County Court. The declaration alleged, that on the —— day of --, in the year 1827, it was agreed between the plaintiff and Elizabeth, the wife of Samuel, while she was sole and unmarried, that the said Elizabeth would bargain and sell to the plaintiff a certain slave, her property, named Jack, for the sum of f200, to…
1Opinion of the CourtMartin, J.
There is nothing in the objection, that it was not competent for the court to instruct the jury, upon the sufficiency of the declaration at the trial. This doctrine is clearly settled in Chitty Pl. 293. Aldridge and Higdon vs. Turner, 1 Gill and Johns. 427.
We think the court were wrong in the instructions they gave the jury. It is certainly necessary to set out in the declaration a contract binding on both parties, where a suit is instituted, to recover damages for the non-performance of the contract. But that is fully complied with in this case. The declaration states, that there was an…
2Cited by4 opinions
- Baltimore City Passenger Railway Co. v. WilkinsonCourt of Appeals of Maryland · 1869
- Ward v. State Ex Rel. SchlosserCourt of Appeals of Maryland · 1909
- Mudd v. HarperCourt of Appeals of Maryland · 1851
- Thanhauser v. SavinsCourt of Appeals of Maryland · 1876