Duvall v. Myers
High Court of Chancery of Maryland
[The bill was filed on the 20th of May, 1850, and states that the complainant, in the year 1849, sold a body of wood growing on his farm, supposed to contain about 1,000 cords, to one Henry Myers, at the price of 45 cents per cord, and for which said Myers was to pay him at that rate as soon as 100 cords were cut, and so from time to time for every 100 cords, and was not to carry any away until paid for.
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[The bill was filed on the 20th of May, 1850, and states that the complainant, in the year 1849, sold a body of wood growing on his farm, supposed to contain about 1,000 cords, to one Henry Myers, at the price of 45 cents per cord, and for which said Myers was to pay him at that rate as soon as 100 cords were cut, and so from time to time for every 100 cords, and was not to carry any away until paid for. That complainant gave Myers the privilege of cutting any hoop poles that .might be found on the said wood land, and of building houses for his workmen. And said Myers agreed to get out of…
1Opinion of the Court
The Chancellor:
This is not a bill for the specific execution of a parol agreement upon the ground of part performance, which, according to the case of Moale vs. Buchanan et al., 11 Gill & Johns., 314, takes the case out of the statute of frauds ; but a bill, which alleging the contract to be in writing, and a failure to perform *404on the part of the defendant, prays the court to decree its specific execution. The answer sets up a contract essentially differing from that stated in the bill, which it alleges the defendant did not sign, nor authorize any person to sign for him, and further…
2Cited by28 opinions
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- Ballou v. SherwoodNebraska Supreme Court · 1891
- Clarno v. GraysonOregon Supreme Court · 1896
- Maryland Construction Co. v. KuperCourt of Appeals of Maryland · 1900
- Ulrey v. KeithIllinois Supreme Court · 1908
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