Colonial Park Estates v. Massart
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City (Nit.es, J.). Plaintiffs 7th Prayer.—That the letter of July 10th, 1908, written by the defendant to the plaintiff, offered in evidence, taken together with the failure of the defendant to make any demand upon the plaintiff for the payment of the monthly instalments of $30 mentioned in the paper writing bearing date July 3rd, 1908, and the failure of the defendant to tender to the plaintiff, a good and sufficient deed…
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Appeal from the Superior Court of Baltimore City (Nit.es, J.). Plaintiffs 7th Prayer.—That the letter of July 10th, 1908, written by the defendant to the plaintiff, offered in evidence, taken together with the failure of the defendant to make any demand upon the plaintiff for the payment of the monthly instalments of $30 mentioned in the paper writing bearing date July 3rd, 1908, and the failure of the defendant to tender to the plaintiff, a good and sufficient deed conveying the three lots mentioned in said paper writing to the plaintiff, amounts in law to acquiescence on the part of the…
1Opinion of the CourtSchmucker, J.
The appellee sued the appellant in the Superior Court of Baltimore City on the common counts in assumpsit. The trial of the case upon the general issue pleas resulted in a judgment for the plaintiff from which this appeal was taken.
The record discloses the fact that the purpose of the suit was to recover from the defendant company the sum of two hundred and fifty dollars which the plaintiff, Henry Massart, had paid to it on account of a proposed purchase, of three lots of ground, which he contends was never consummated. It appears from the evidence that Massart, having seen an advertisement…
2Cases cited7 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Ware v. AllenSupreme Court of the United States · 1888
- Reynolds v. . RobinsonNew York Court of Appeals · 1888
- Southern Street Railway Advertising Co. v. Metropole Shoe Manufacturing Co.Court of Appeals of Maryland · 1900
- Nutting v. Minnesota Fire InsuranceWisconsin Supreme Court · 1897
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3Cited by9 opinions
- Rinaudo v. BloomCourt of Appeals of Maryland · 1956
- Gordy v. Ocean Park, Inc.Court of Appeals of Maryland · 2001
- Rittenhouse, Winterson Auto. Co. v. KissnerCourt of Appeals of Maryland · 1916
- Catholic University of America v. Bragunier Masonry Contractors, Inc.Court of Special Appeals of Maryland · 2001
- Grauel v. RoheCourt of Appeals of Maryland · 1945
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