Rodemer v. Gonder
Court of Appeals of Maryland
Appeal from Allegany county court. The appellant (the plaintiff below,) made a contract with the appellees (the defendants below,) for grading a section of railroad. The terms of the contract are sufficiently stated in the opinion of this court. The defendants having in the manner stated in the opinion prevented the plaintiff from prosecuting the work, the latter brought his action of assumpsit for the value of the work done.
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Appeal from Allegany county court. The appellant (the plaintiff below,) made a contract with the appellees (the defendants below,) for grading a section of railroad. The terms of the contract are sufficiently stated in the opinion of this court. The defendants having in the manner stated in the opinion prevented the plaintiff from prosecuting the work, the latter brought his action of assumpsit for the value of the work done. The declaration contains counts for work and labor, and materials furnished, and the common money counts. Pleas, non assumpsit, payment, and set off. 1st and 2nd…
1Opinion of the CourtFricIc, J.
On the 14th of April, 1845, the plaintiff entered into a contract, with the defendants for graduating a section of rail road, at certain stipulated prices for the several kinds of work to be done, engaging to complete it on or before the 1st day of October of the same year.
In the contract is a stipulation, that during the progress of t,he work and until it is completed, there shall be a monthly estimate made by the agent of the defendants of the quantity, character and value of the work done during the month, four-fifths of which value shall be paid to the plaintiff at the office of the…
2Cases cited1 opinion
- Sickels v. PattisonNew York Supreme Court · 1835
3Cited by21 opinions
- Western Union Telegraph Co. v. SemmesCourt of Appeals of Maryland · 1890
- Skeens v. MillerCourt of Appeals of Maryland · 1993
- Boyd v. JohnsonCourt of Appeals of Maryland · 1924
- Gill v. VoglerCourt of Appeals of Maryland · 1879
- North Bros. & Strauss v. MalloryCourt of Appeals of Maryland · 1902
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