Walsh v. Jenvey

• Citation: 38 A. 938,85 Md. 240
• Parties: WALSH v. JENVEY.
• Decision Date: 31 March 1897
• Court: Court of Appeals of Maryland

38 A. 938

85 Md. 240

WALSH v. JENVEY.

Court of Appeals of Maryland

March 31, 1897

Dissenting opinion. For report of majority opinion, see 36 A. 817.

BOYD, J.

I noted my dissent in this case because I was satisfied the appellant had not been injured by the rulings of the court below, although I agree with the other judges who sat in all other respects. The difference between the balance due on the principal, according to the contract prices, and the amount of the verdict, is easily accounted for if the interest is calculated. The jury had the right to allow interest, and as the verdict was for an amount not in excess of the balance due, as fixed by the prices named in the contract, and the interest thereon, the appellant was not injured, and therefore, in my opinion, was not entitled to a reversal of the judgment.