|
1980 JOINT RESOLUTIONS.
WHEREAS, On May 5th, 1934, the Maas Construction Company
entered into a contract with the University of Maryland for
the construction of a dormitory building, which contract pro-
vided that, as estimates were received from the architects, the
University should pay ninety per cent (90%) thereof and
retain ten per cent (10%) until the completion of the job; and
WHEREAS, When the Maas Construction Company submitted
certificates from architects in the amount of f 16, 963. 13, and the
University refused to pay ninety per cent (90%) thereof; and
WHEREAS, On this refusal the said Construction Company
served notice on the University that it would proceed no further
with the contract; and
WHEREAS, Suit was brought against the University by the
Maas Construction Company in the Superior Court of Balti-
more City; and
WHEREAS, After trial of the case, the jury returned a verdict
against the University in the sum of eleven thousand dollars
(f 11, 000. 00) on May 14th, 1937; and
WHEREAS, This amount represented the actual labor and
material in the job, the jury making no allowance to the con-
struction company for profits or damages for the breach of
contract; and
WHEREAS, On appeal by the University of Maryland, the
Court of Appeals held that the University was subject to suit
for breach of contract but overruled the verdict rendered in
the Superior Court on the ground that the uncontradicted
testimony of the President of the University was to the effect
that the University was without funds to pay said verdict or
judgment; and
WHEREAS, Judges Urner, Parke and Johnson, while agreeing
with the majority of the Court, that the University was liable
to suit, but disagreed with the majority on the question of
reversal on the ground that the University was without funds
to pay said judgment; and
WHEREAS, In view of the above-stated facts and in order that
equity and justice may be done; therefore, be it
Resolved by the General Assembly of Maryland, That the
Governor be and he is hereby authorized and directed to include
in the Supplemental State Budget to be submitted to the
General Assembly in 1943, the sum of eleven thousand dollars
($11, 000. 00) for the Maas Construction Company, as awarded
by verdict of the jury May 14th, 1937.
Approved May 7, 1943.
|
