Green v. Sprogle

Decided February 20, 1861

Court of Appeals of Maryland · decided 1861-02-20

Action, brought on the 28th of October 1857, by the appellee against the appellant to recover for work and materials, done and furnished by the plaintiff to the defendant, in the repair of her house in Annapolis, during the years 1854 and 1855. The action was instituted in the Circuit court for Anne Arundel county, and was removed, on suggestion and affidavit of the defendant, to the Circuit court for Howard county, where it was tried in March I860. Isf Exception.

Cited by 1 later decisions — most recently October 2007

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Decided 1861-02-20

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Le Grand, C. J.,

¶1delivered the opinion of this court:

¶2This, like the case of Green vs. Caulk, (ante., 556,) is an action instituted to recover the value of certain work done and materials furnished, by the plaintiff, in the repair of the house of the defendant. At the trial below the defendant reserved four exceptions. For the reasons assigned in the opinion filed in the case referred to, we reverse the Circuit court on the first three exceptions. The court is affirmed on the fourth exception. The testimony could not have the effect of binding the plaintiff, inasmuch as the declarations of Mr. Randall were not made to him, nor in his presence.

¶3Judgment reversed and procedendo awarded.