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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 535   View pdf image (33K)
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ALLEN VS. BURKE. 636
The bill then states, that in pursuance of this agreement,
the plaintiff received and carried away all the shells from the
summer and fall of 1848, placed near the premises by the
defendant, and has continued to receive them from the defend-
ant up to November, 1849, and never heard the agreement
denied till now, when the defendant has refused to deliver
the shells to the plaintiff, and has prevented him from taking
such shells as are now out en the wharf, under the pretence
that no contract was ever made by him with the plaintiff, and
has, for the first time, set up another and a very different agree-
ment, whereby the plaintiff would be subjected to great loss.
That defendant, in violation of his contract, has, under this new
and pretended contract thus set up by him, instituted suit against
the plaintiff for the value of the shells he has received, and
since the institution of said suit, has taken away a part and
will carry off all the shells now on the wharf, which are right-
fully the property of the plaintiff.
The bill, therefore, prays for an injunction restraining the
defendant from taking or carrying away said shells until
the suit at law should be determined, and for a specific per-
formance of his part of said contract, by the defendant, and
for further relief.
The injunction prayed for was granted, and on the 15th of
the same month the defendant filed his answer, in which he
alleges that the contract set up in the bill is untrue, and denies *
that any such contract ever existed, but avers that the plaintiff,
on or about the month of March, 1847, became the purchaser
at public sale, of a leasehold interest for the term of three
years in the premises in question. That defendant, who was
then in possession of the premises, a day or two after said Sale,
offered to the plaintiff for his unexpired term, a monthly rent
of $20, with the privilege to him, said Alien, to take the shells
of all oysters opened on said lot at the rate of 21/2 cents per
bushel. That this offer was made upon condition that the plain-
tiff would put and keep the premises in good and sufficient
repair to enable the defendant to carry on his business, as a
dealer and exporter of oysters. That this offer was agreed to

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 535   View pdf image (33K)
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