Legal Opinion

Gover c. Turner

Court of Appeals of Maryland

Decided May 6, 1868PublishedCited by 8 opinions

Appeal from the Court of Common Pleas. An action was instituted by the appellee in the Court of Common Pleas, to recover from the appellant damages for deceit in the sale of a piano. The appellant pleaded that he did not deceive the plaintiff.

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Appeal from the Court of Common Pleas. An action was instituted by the appellee in the Court of Common Pleas, to recover from the appellant damages for deceit in the sale of a piano. The appellant pleaded that he did not deceive the plaintiff. The cause was tried, and an instruction was granted by the Court, which required the jury to find the sale of the piano by the defendant to the plaintiff, and that the defendant received the purchase money, and that he had falsely represented the piano to be of Knabe’s manufacture, and that the plaintiff was misled by such false representations,…

1Opinion of the CourtNelson, J.

In this case, the question submitted to the jury by the pleadings was, whether or not the plaintiff was deceived by the defendant in the sale of a piano. The jury found their verdict in the following words: “ We find for the plaintiff $189.56,” adding the words, “believing the plaintiff to have been misled by the catalogue.” Upon this finding the Court, in the presence of the jury, instructed the clerk to disregard *604the latter words and record the verdict in dollars and cents, which was done. The jury were then called upon to harken to their verdict as the Court had recorded it, and they…

2Cases cited2 opinions

  1. Browne v. BrowneCourt of Appeals of Maryland · 1864
  2. State v. PhelpsCourt of Appeals of Maryland · 1856

3Cited by8 opinions

  1. Traylor v. GraftonCourt of Appeals of Maryland · 1975
  2. Vonderhorst Brewing Co. v. AmrhineCourt of Appeals of Maryland · 1904
  3. Chambers v. StateCourt of Appeals of Maryland · 1994
  4. State v. AdamsCourt of Appeals of Maryland · 2008
  5. Byers v. StateCourt of Appeals of Maryland · 1885

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