Walsh v. Gilmor, et al.
3 H&J 383 (1813)
The suppliers alleged that the customer agreed to accept all the brandy
transported on a certain ship and agreed to provide the suppliers with a note upon delivery of
the brandy. The customer contended that the contract was rescinded when the suppliers took
possession of the brandy in the customer's warehouse. The customers also contended that there
was a variation between the complaint and the proof. The court held that the contract was not
rescinded when the suppliers removed the brandy from the customer's warehouse and exposed
it to sale at public auction because the customer refused to receive the brandy, and the brandy
remained the property of the suppliers, who had a right to dispose of it as they pleased. The court
held that a letter from the suppliers and an answer from the customer taken together formed a
contract that stated their intention to except from their agreement certain cogniac. The court
held that the suppliers failed to prove the contract because the proof was for an agreement for
whatever brandy the suppliers might have had on board the ship. The court stated that there was
in evident variance between the contract declared on and that given in evidence.
Judges: John Johnson; John Buchanan; Richard Tilghman Earle.
Attorneys: Walter Dorsey, Robert Goodloe Harper, and William H. Winder for Appellant;
Luther Martin, William Pinkney, and John Purviance for Appellees.
Appellate Court Records:
COURT OF APPEALS (Docket) Walsh v. Gilmor, et al., 1813, December Term, no. 21 [MSA S414-6, 1/66/14/24].
COURT OF APPEALS (Notes on Arguments and Opinions, Western Shore) Walsh v. Gilmor, et al., 1813, December Term, no. 21, p. 177-198 [MSA S428-5, 1/67/6/20].
COURT OF APPEALS (Judgments, Western Shore) Walsh v. Gilmor, et al., 1813, December Term, no. 21 [MSA S382-176, 1/62/7/29].
|
