Eichelberger v. Miller
Court of Appeals of Maryland
Appeal from tbe Superior Court of Baltimore City : This was an action of assumpsit brought by the appellant at the January term 1856, of the Superior Court of Baltimore City, to recover from the appellee the sum of §515.15, with interest from March 2nd, 1864, for work and labor done by, and money had and received for, the use of the plaintiff. The defendant pleaded that “he never was indebted as above alleged,” upon which issue was joined.
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Appeal from tbe Superior Court of Baltimore City : This was an action of assumpsit brought by the appellant at the January term 1856, of the Superior Court of Baltimore City, to recover from the appellee the sum of §515.15, with interest from March 2nd, 1864, for work and labor done by, and money had and received for, the use of the plaintiff. The defendant pleaded that “he never was indebted as above alleged,” upon which issue was joined. The case is stated in the opinion of this Court. The cause was argued before Bartol, Golbsborough and Cochran, J. Story on Coni., sec. 739. Story on Sales,…
1Opinion of the CourtBartol, J.
The decision of this appeal depends entirely upon the true construction of the contract between the parties, which is in these words: “I, the undersigned, do hereby agree to do all the carpenter’s work of the new dwelling house about to be erected on the north-west corner of Cathedral and Monument street, for D. H. Miller, in accordance with the plans and directions furnished by Niernsee and Neil-son, architects, and will do the said work in a complete and workmanlike manner at the rate of fifty peer cent, deduction from usual book of measurement prices.
“All work to be paid for as it…
2Cases cited1 opinion
- Mason & Leef v. Franklin Fire InsuranceCourt of Appeals of Maryland · 1842
3Cited by2 opinions
- Blundon v. CrosierCourt of Appeals of Maryland · 1901
- Wilmer v. PickaCourt of Appeals of Maryland · 1912