Johnson v. Harvey
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This was an action for work, labor and materials, brought by the appellees against the appellant.
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Appeal from the Superior Court of Baltimore City. This was an action for work, labor and materials, brought by the appellees against the appellant. The appellees were turners and manufacturers of wood in Philadelphia • the appellant being the assignee of a patent-right for a tobacco pipe of peculiar construction, contracted with the appellees, in May, 1865, to manufacture for him pipes according to a sample or specimen furnished- — the appellees were to do the wood work, and the appellant was to furnish the brass and other trimmings. The appellees made samples which were returned with…
1Opinion of the CourtBabtol, C. J.
The appellant, who was defendant below, claims a reversal of the judgment because of the alleged error of the Superior Court in refusing his second prayer.
By his first and third prayers, which were granted, the jury were instructed that the plaintiffs were not entitled to recover for the articles manufactured by them, if the same were not made in a good and workmanlike manner, according to the contract, samples and directions, unless they were accepted by the defendant, and in that event they were not entitled to recover the contract price, but only so much as the articles were reasonably…
2Cases cited3 opinions
- Whiteford v. BurckmyerCourt of Appeals of Maryland · 1843
- Day v. DayCourt of Appeals of Maryland · 1853
- State ex rel. Barber v. Hammond's Ex'rsCourt of Appeals of Maryland · 1834
3Cited by2 opinions
- Mercantile Trust & Deposit Co. v. RodeCourt of Appeals of Maryland · 1921
- Parks & Hull Appliance Corp. v. ReimsnyderCourt of Appeals of Maryland · 1939