McGrath v. Gegner
Court of Appeals of Maryland
Appeal from the Baltimore Oity Court. The case is stated in the opinion of the Court. .Exception. — The following prayers, offered by the plaintiff were granted by the Court (Harlan, J.): 1. If the jury believe that the plaintiff' and defendant entered into the contract given in evidence, and that the plaintiff performed his part of said contract, except in such particulars as non-performance by him was condoned, or performance by him prevented by the defendant, and that the…
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Appeal from the Baltimore Oity Court. The case is stated in the opinion of the Court. .Exception. — The following prayers, offered by the plaintiff were granted by the Court (Harlan, J.): 1. If the jury believe that the plaintiff' and defendant entered into the contract given in evidence, and that the plaintiff performed his part of said contract, except in such particulars as non-performance by him was condoned, or performance by him prevented by the defendant, and that the defendant broke said contract, then their verdict must be for the plaintiff. 2. That there is no evidence in the cause…
1Opinion of the Court
Robinson, J.,
delivered the opinion of the Court;.. We cannot agree with the Court below as to the construction of the contract in question, and for a breach of which this suit was brought. The plaintiff agreed to buy of the defendant all the oyster shells made by him and H. F. Hemmingway, for the season beginning 1st ¡September, 1891, and ending May 1st, 1892. He agreed that boats shonldjbe kept at the docks of the defendant constantly, so as to keep the oyster houses clear of shells, and on these boats the shells were to he delivered until the 20th November, 1891. No shells were to he piled…
2Cases cited2 opinions
- Curtis v. GibneyCourt of Appeals of Maryland · 1882
- Pinckney v. Dambmann Bros., & Co.Court of Appeals of Maryland · 1890
3Cited by31 opinions
- North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
- Ohio Valley Buggy Co. v. Anderson Forging Co.Indiana Supreme Court · 1907
- Grocery Company v. Bag Company.Supreme Court of North Carolina · 1906
- Smith v. F. W. Heitman Co.Court of Appeals of Texas · 1906
- Enterprise Manufacturing Co. v. Oppenheim, Oberndorf & Co.Court of Appeals of Maryland · 1911
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