Cline v. Miller
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. Assumpsit, by the appellants against the appellee, on an acceptance of defendant on a draft drawn by one Andrew Birmingham in favor of plaintiffs. The declaration contains the common counts only. Plea, non assumpsit. Exception. The facts of the case are fully slated in the opinion of this court.
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Appeal from the Superior Court of Baltimore city. Assumpsit, by the appellants against the appellee, on an acceptance of defendant on a draft drawn by one Andrew Birmingham in favor of plaintiffs. The declaration contains the common counts only. Plea, non assumpsit. Exception. The facts of the case are fully slated in the opinion of this court. After the evidence was dosed, the defendant asked the court to instruct the jury, that by the terms of the acceptance offered in evidence, defendant was only bound when the houses, referred to in the order accepted, were plastered, to give to…
1Opinion of the CourtEccleston, J.
On the 26th of November 1851, Andrew Birmingham executed a mortgage to William. D. Miller to secure certain advances agreed to be made by Miller for the purpose of aiding and assisting Birmingham in the erection of ten houses, on certain lots of ground in Baltimore, the same day leased by Miller to Birmingham. Those advances were to be $400 on each house, provided they were completely finished by Birmingham. The security intended by the mortgage being dependent upon the progress of the houses to completion, it was stipulated that $75 on each should be paid by Miller when the second story of…
2Cited by4 opinions
- Goldman v. Johnson Motor Lines, Inc.Court of Appeals of Maryland · 1949
- Beall v. PearreCourt of Appeals of Maryland · 1859
- Snyder & Blankfard Co. v. Farmers' BankCourt of Appeals of Maryland · 1940
- Jones v. BoardmanCourt of Appeals of Maryland · 1925