Legal Opinion

Jenkins v. Long

Court of Appeals of Maryland

Decided December 15, 1855PublishedCited by 7 opinions

Appeal from tbe Court of Common Pleas for Baltimore city. .Assumpsit by tbe appellant against the appellees. The declaration counts upon the special contract set out in the opinion of this court5 and also contains a, count for work and labor, and tbe common money counts. Plea non assumpsit. Three exceptions were taken by the plaintiff to the rulings of tbe court, below, (Marshall, J.,) all of which are fully stated in the opinion of this court.

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Appeal from tbe Court of Common Pleas for Baltimore city. .Assumpsit by tbe appellant against the appellees. The declaration counts upon the special contract set out in the opinion of this court5 and also contains a, count for work and labor, and tbe common money counts. Plea non assumpsit. Three exceptions were taken by the plaintiff to the rulings of tbe court, below, (Marshall, J.,) all of which are fully stated in the opinion of this court. The verdict and judgment were in favor of the defendants and the plaintiff appealed.

1Opinion of the CourtMason, J.

This is an action of asswmpsit, the declaration in which contains a count upon a special agreement, a count for work and labor and the common money counts.

At the trial the plaintiff proved, that in virtue of a written contract, which was afterwards produced, he had been in the employment of the defendants from the 1st of January 1850 to the 1st of June 1850, a period of five months, and during that time had sold for them goods to the amount of $33,266.50, which had been duly delivered to the purchasers. He also proved that a written notice from the defendants, dispensing with his services,…

2Cases cited4 opinions

  1. Rodemer v. GonderCourt of Appeals of Maryland · 1850
  2. Bull v. SchuberthCourt of Appeals of Maryland · 1852
  3. Howard v. Wilmington & Susquehanna Rail RoadCourt of Appeals of Maryland · 1843
  4. Baltimore & Ohio Rail Road v. ResleyCourt of Appeals of Maryland · 1854

3Cited by7 opinions

  1. Bright v. GanasCourt of Appeals of Maryland · 1937
  2. Gazette Printing Co. v. MorssIndiana Supreme Court · 1877
  3. Rayner v. WilsonCourt of Appeals of Maryland · 1876
  4. Townes v. CheneyCourt of Appeals of Maryland · 1911
  5. Oldewurtel v. BevanCourt of Appeals of Maryland · 1912

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