Ragan v. Gaither
Court of Appeals of Maryland
Appeal from Washington County Court. This was an action of trespass upon the case, brought on the 14th February 1829, by the appellee against the appellant.
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Appeal from Washington County Court. This was an action of trespass upon the case, brought on the 14th February 1829, by the appellee against the appellant. The plaintiff declared as follows — “For that whereas heretofore, to wit, on the 17th June 1836, &c., the said plaintiff, at the special instance and request of the said defendant, bargained with and agreed to sell the said defendant, a certain house and lot on Potomac street in Hagerstown, adjoining the present residence of the said defendant, and the said parties reduced the said contract to writing, as follows, to wit: I hereby…
1Opinion of the CourtDorsey, J.
The defendant in this case pleaded three several pleas. The first of which tendered the issue which was tried by the jury. The two latter concluded with a verification, and the benefit thereof was waived by him, he having gonfe to' trial without *487requiring any replication thereto, or causing any issue to- be joined thereon. The jury haring rendered a verdict for the plaintiff, the defendant moved in arrest of judgment, on account of certain alleged defects in the plaintiff’s declaration, to none of which does it appear to be obnoxious.
The first reason assigned for arresting the judgment is,…
2Cited by5 opinions
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- Mispelhorn v. Farmers' Fire InsuranceCourt of Appeals of Maryland · 1880
- Chappell v. Real Estate Pooling Co.Court of Appeals of Maryland · 1899
- Okisko Co. v. MatthewsCourt of Appeals of Maryland · 1852