Mallonee v. Duff
Court of Appeals of Maryland
Appeal from tbe Baltimore City Court. The case is stated in the opinion of the Court. First Exception. — Stated in the opinion. Second Exception. — Unnecessary to be set out.
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Appeal from tbe Baltimore City Court. The case is stated in the opinion of the Court. First Exception. — Stated in the opinion. Second Exception. — Unnecessary to be set out. Third Exception. — The plaintiff offered the following prayer : That if the jury find from the evidence in this case that the defendant, George Mallonee, was erecting upon Maryland avenue and Fifth street, the seventeen houses mentioned in evidence, and that he entered into a verbal contract with the plaintiff, John A. Duff, as testified to by the witnesses for the said plaintiff, to cut, trim, prepare and set the stone…
1Opinion of the CourtBryan, J.
The evidence for the plaintiff (now appellee) tended to prove that under a verbal contract with the defendant, he was to cut, trim and set all the stonework on seventeen houses for the sum of $3225, which the defendant promised to pay in weekly instalments as the work progressed, and that the defendant wrongfully *286stopped him in his work and refused to allow him to proceed with the performance of his contract, although he was ready and willing and able to perform it ; that at the time the defendant stopped the work, the plaintiff had completed about two-thirds of it and had been paid $1211.50.…
2Cases cited5 opinions
- Bloomer v. StateCourt of Appeals of Maryland · 1878
- Maitland v. Citizens' National BankCourt of Appeals of Maryland · 1874
- Leopard v. Chesapeake & Ohio Canal Co.Court of Appeals of Maryland · 1843
- Pettigrew v. BarnumCourt of Appeals of Maryland · 1857
- Baltimore Building Ass'n No. 2 v. GrantCourt of Appeals of Maryland · 1875
3Cited by4 opinions
- Lanasa v. StateCourt of Appeals of Maryland · 1909
- Baltimore City Passenger Railway Co. v. KneeCourt of Appeals of Maryland · 1896
- Smith v. HeldmanCourt of Appeals of Maryland · 1901
- Bilz v. PowellSupreme Court of Colorado · 1911