Wheat v. Cross
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This appeal was taken by the defendants below, from a judgment rendered in favor of the appellee, in an action brought by him to recover the price of a horse, sold by him to the defendants. -The facts of the case are fully stated in the opinion of the Court. The prayer of the appellee excluded from the consideration of the jury the question of mistake on the part of the appellants in making the offer, which is the basis of the action.
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Appeal from the Court of Common Pleas. This appeal was taken by the defendants below, from a judgment rendered in favor of the appellee, in an action brought by him to recover the price of a horse, sold by him to the defendants. -The facts of the case are fully stated in the opinion of the Court. The prayer of the appellee excluded from the consideration of the jury the question of mistake on the part of the appellants in making the offer, which is the basis of the action. The gist of the inquiry is, did the appellants make an offer under a positively wrong impression ? They say yea; and they…
1Opinion of the CourtBar Ton, C. J.
This suit was brought by the appellee to recover the price of a horse sold to the appellants.
The plaintiff resided in Frostburg, and the defendants were engaged in the business of buying and selling horses *102in Baltimore. The contract of sale was made by correspondence between the parties through the mails.
The facts of the case, so far as it is material to state them, were as follows: On the 23d of August, 1867, the defendants received the horse into their possession, to be sold on commission, at that time apparently sound and in good condition. On the 12th of September, 1867, they addressed a…
2Cases cited1 opinion
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by22 opinions
- Burton v. United StatesSupreme Court of the United States · 1906
- Cochran v. NorkunasCourt of Appeals of Maryland · 2007
- Latrobe and Whistler v. WinansCourt of Appeals of Maryland · 1899
- Stockham v. StockhamCourt of Appeals of Maryland · 1870
- Brauer v. ShawMassachusetts Supreme Judicial Court · 1897
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