Pool v. Horner
Court of Appeals of Maryland
Appeal from the Baltimore City Court. The declaration in this case contained only the common counts; but on demand of the defendants, the appellees, a bill of particulars was filed, which will be found sufficiently set out in the opinion of this Court.
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Appeal from the Baltimore City Court. The declaration in this case contained only the common counts; but on demand of the defendants, the appellees, a bill of particulars was filed, which will be found sufficiently set out in the opinion of this Court. The defendants on the trial of the case objected to the admissibility of the testimony offered by the plaintiff in support of his bill of particulars, on the ground that the same was by parol, and the agreement was invalid, because it was not in writing. The Court (Stewart, J.,) sustained the objection and refused to permit said proof to be…
1Opinion of the CourtBryan, J.
The statement filed as a bill of particulars alleges that there was an agreement between the plaintiff below and the testator of defendants, that for certain valuable considerations the said testator would buy a house and lot for plaintiff, and permit him to occupy it, and if plaintiff could obtain a larger price than the said testator paid for it, that he would pay to the plaintiff what might be obtained for it, over and above the price originally paid for it. The consideration on the part of. the plaintiff was that he gave a note for $150 because of an old debt for $125 which he owed the…
2Cases cited2 opinions
- Carroll's Lessee v. Granite Manufacturing Co.Court of Appeals of Maryland · 1857
- White v. CoombsCourt of Appeals of Maryland · 1868
3Cited by4 opinions
- Daily ex rel. Daily v. MinnickSupreme Court of Iowa · 1902
- Reece, Adm'r v. ReeceCourt of Appeals of Maryland · 1965
- Friedman v. SuttleArizona Supreme Court · 1906
- Kramer v. KramerAppellate Division of the Supreme Court of the State of New York · 1904