Rockville Inv. Corp. v. Rogan
| Decision Date | 02 May 1967 |
| Docket Number | No. 268,268 |
| Citation | 229 A.2d 76,246 Md. 482 |
| Parties | ROCKVILLE INVESTMENT CORP. v. Kevin G. ROGAN et al. |
| Court | Maryland Court of Appeals |
John C. Joyce, Hyattsville (James P. Salmon and Duckett, Orem, Christie & Beckett, Hyattsville, on the brief), for appellant.
Joseph A. Lynott, Jr., Rockville, for appellees.
Before HORNEY, MARBURY, BARNES, McWILLIAMS, and FINAN, JJ.
Kevin G. Rogan and his wife, Martha A. Rogan, appellees, brought suit in the Circuit Court for Montgomery County to recover damages sustained as the result of an alleged breach of covenant to provide 'adequate air conditioning' which was contained in a lease agreement between the appellant, Rockville Investment Corporation, and the appellees, who were to use and occupy the leased premises as a coin-operated laundry and 'retail professional laundry and dry cleaning plant.' The appellant filed a general issue plea and counterclaimed against the appellees for unpaid rent allegedly owed by appellees under the terms of the lease.
A trial was held before a jury, Judge Anderson presiding. At the close of the appellees' case and at the close of all the evidence, appellant made motions for a directed verdict. Both motions were denied, and the case was sent to the jury which returned a verdict in favor of appellees. From the judgment on the verdict appellant has appealed.
There is nothing before this Court to review. After making its motion for a directed verdict at the close of appellees' case, which motion was denied, appellant offered evidence to support its theory of the case and to rebut the evidence presented by appellees. The motion for directed verdict was withdrawn by the appellant's presentation of evidence. Maryland Rule 552 b. Schmidt v. Millhauser, 212 Md. 585, 130 A.2d 572; Smith v. Carr, 189 Md. 338, 56 A.2d 151. At the close of all the evidence appellant made a motion for a directed verdict without stating the grounds therefor, as he had done previously for the motion made at the close of the evidence offered by appellees. The record indicates that there was argument on this motion, but it does not reveal any portion of that argument nor the grounds for this motion. A party has the obligation to state for the record the grounds of his motion for a directed verdict in order to inform the court and the counsel for the nonmoving party. Rule 552 a; Levin v. Cook, 186 Md. 535, 47 A.2d 505; Slaska v. Idzi, 186 Md. 530, 47 A.2d 503, and cases cited therein. The ...
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Warfield v. State
... ... No. 87 (9 December 1983). The State refers to Rockville Corp. v. Rogan, 246 Md. 482, 229 A.2d 76 (1967). In that case Rockville ... ...
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Pine Street Trading Corp. v. Farrell Lines, Inc.
...Gunther, 256 Md. 740, 741, 261 A.2d 730 (1970); Klavens v. Siegel, 256 Md. 476, 478-480, 260 A.2d 637 (1970); Rockville Corp. v. Rogan, 246 Md. 482, 484-485, 229 A.2d 76 (1967). However, since there is to be a re-trial, we note that there seemed to be evidence that antimony, once soluble, m......
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Government Emp. Ins. Co. v. DeJames
...review. Maryland Rule 554 d, e; Jones v. Federal Paper Board Co., 252 Md. 475, 489, 250 A.2d 653 (1969); Rockville Investment Corp. v. Rogan, 246 Md. 482, 484, 229 A.2d 76 (1967). Judgment affirmed, costs to be paid by 1 Which holds that in Maryland, there is no implied warranty in the sale......
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Laubach v. Franklin Square Hosp.
...A.2d 1238. Moreover, because the Court explicitly overruled, insofar as it supports the rationale of our Warfield, Rockville Corp. v. Rogan, 246 Md. 482, 229 A.2d 76 (1967), a case relied upon by Tittsworth, 315 Md. at 488-490, 554 A.2d 1238, we think it safe to predict that Tittsworth, too......