Marshall v. Haney
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington county. This was an action of covenant, by the appellee against the appellant, upon the agreement set out in the opinion of this court. The first appeal in this case is reported in 9 Gill, 251, and this trial was upon a procedendo ordered upon that appeal.
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Appeal from the Circuit Court for Washington county. This was an action of covenant, by the appellee against the appellant, upon the agreement set out in the opinion of this court. The first appeal in this case is reported in 9 Gill, 251, and this trial was upon a procedendo ordered upon that appeal. The pleadings were the same as in the former trial, with the exception that defendant, instead of pleading simply general performance, pleaded several pleas, traversing the allegations of the particular breaches alleged in the declaration. lsf Exception. The. plaintiff offered the agreement sued…
1Opinion of the CourtMason, J.
This case has already been before the Court of Appeals, and is reported in 9 Gill, 250. The principles settled by that decision, are to govern the case as we now find it, so far as they are applicable.
We shall proceed to express our views upon the general principles of law which are to control our decision, and will then apply them to the several questions as they are presented by the exceptions, and in the order in which they arise.
Our first duty will be to interpret the covenant, the alleged breach of which, forms the basis of the present action. That part of the covenant with which only we…
2Cases cited2 opinions
- Peisch v. DicksonU.S. Circuit Court for the District of Massachusetts · 1815
- Marshall v. HaneyCourt of Appeals of Maryland · 1851
3Cited by24 opinions
- Pybus v. GrassoMassachusetts Supreme Judicial Court · 1945
- Haney v. MarshallCourt of Appeals of Maryland · 1856
- Asibem Assoc., Ltd. v. RillCourt of Appeals of Maryland · 1972
- Pindell v. RubensteinCourt of Appeals of Maryland · 1921
- National Mechanics' Bank v. National BankCourt of Appeals of Maryland · 1872
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