Warfield v. Booth
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County. The defendant’s third plea alleged that the plaintiff had not paid the note given in pursuance of the contract, at maturity, and still refused to pay it, and by so doing had refused to perform the stipulations by him to be performed. To this plea the plaintiff demurred and the Court sustained the demurrer.
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Appeal from the Circuit Court for Howard County. The defendant’s third plea alleged that the plaintiff had not paid the note given in pursuance of the contract, at maturity, and still refused to pay it, and by so doing had refused to perform the stipulations by him to be performed. To this plea the plaintiff demurred and the Court sustained the demurrer. The question raised by the first bill of exceptions was the variance between the contract .alleged in the declaration and that offered in evidence; that raised by the second bill was the admissibility of parol testimony in explanation of the…
1Opinion of the CourtBartol, C. J.
This action was instituted by the appellee, who recovered exclusively upon the fourth amended count of the declaration, the Court below having instructed the jury that there was no evidence entitling him to recover under the other counts.
The fourth avers that the. defendant sold to the plaintiff “ his good will of practice as surgeon and physician at and in the neighborhood of the town of Lisbon, in Howard County,” and agreed “ that he, the said defendant, would quit the said practice on“the 1st day of May, 1867, in favor of said plaintiff.”
The contract offered in evidence is in writing as…
2Cases cited10 opinions
- Guerand v. DandeletCourt of Appeals of Maryland · 1870
- Ives & M'Carty v. Van Epps & ShattuckNew York Supreme Court · 1839
- Beall v. PearreCourt of Appeals of Maryland · 1859
- Glenn v. SmithCourt of Appeals of Maryland · 1830
- Baltimore Marine Insurance v. DalrympleCourt of Appeals of Maryland · 1866
5 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Holloway v. Faw, Casson & Co.Court of Appeals of Maryland · 1990
- Moore & Handley Hardware Co. v. Towers Hardware Co.Supreme Court of Alabama · 1888
- United States v. American Medical Ass'nCourt of Appeals for the D.C. Circuit · 1940
- Bradford & Carson v. Montgomery Furniture Co.Tennessee Supreme Court · 1905
- Gregory v. SpiekerCalifornia Supreme Court · 1895
33 more not listed; retrieve them via the Exa API.