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Maryland Lumber Co. v. White

Citations: 107 A.2d 73; 205 Md. 180; 1954 Md. LEXIS 271Docket: [No. 142, October Term, 1953.]

Court: Court of Appeals of Maryland; July 2, 1954; Maryland; State Supreme Court

Narrative Opinion Summary

The case involves Maryland Lumber Company's appeal following a trial court judgment against them for conversion of lumber and plywood, and related contractual disputes. Initially, Baltimore and White sued Maryland and the Pennsylvania Railroad, alleging misdelivery and conversion of goods. The trial court ruled in favor of Baltimore and White, awarding damages and dismissing Maryland's cross-claim for contract breaches, except for a minor award. Maryland challenged the trial court's acceptance of an auditor's report, which the court upheld, addressing all exceptions except a late-raised objection regarding the auditor's reference. Maryland's appeal argued improper application of the Uniform Contribution Among Tortfeasors Act, asserting a credit for an uncashed check, which the court denied. The court reduced the judgment against Maryland by $400, adjusting the award to $8,480.79. On the cross-claim, disputes over door quality and contract terms were resolved by reducing Maryland's award to $415.69. The trial court's findings on conversion and contractual non-fulfillment were affirmed, with costs assigned to Baltimore and White.

Legal Issues Addressed

Auditor and Master's Role in Trial

Application: The trial court utilized an auditor and master to examine accounts and make findings, which were ultimately upheld over Maryland's objections.

Reasoning: The auditor and master conducted hearings, produced a detailed report analyzing evidence, and made findings and recommendations.

Contractual Breaches and Statute of Frauds

Application: Maryland's cross-claim for breach of contract was largely rejected, as the court found no sufficient memorandum supporting the alleged contracts.

Reasoning: Regarding the cross-claim for damages against White for breaching contracts for plywood, the master and trial court found that no contracts existed since White did not accept Maryland's orders.

Conversion of Property

Application: The court found that Maryland Lumber Company converted the goods by unloading and appropriating the contents of the car despite the cancellation of the sale contract.

Reasoning: The special master concluded that Maryland had converted the goods, as it unloaded the car and appropriated the contents after the cancellation of the sale contract.

Misdelivery by Carrier

Application: The court ruled against the Pennsylvania Railroad for misdelivering goods, which resulted in charges of conversion.

Reasoning: Evidence suggested that the Railroad improperly delivered goods without proper authorization, leading to a charge of conversion.

Uniform Contribution Among Tortfeasors Act

Application: The court dismissed Maryland's claim for a $400 credit under the act, viewing the satisfaction order with the Railroad as a release.

Reasoning: The satisfaction order in favor of the Railroad acted as a release under Section 23 of Article 50, requiring a reduction of claims against other tortfeasors by the amount paid for this satisfaction.

Waiver of Contractual Provisions

Application: The court found that certain contract provisions under the West Coast Rules were waived, but specific terms related to door sales were not.

Reasoning: Provisions of the West Coast Rules concerning claim timelines and discounts were waived; however, the specific rule referenced in the letter remains intact and is not considered waived.