Meyer v. Saul

Citations

• 82 Md. 459
• 33 A. 539
• 1896 Md. LEXIS 1

Syllabus

<p>Limitations in Equity — Demurrer—Jicrisdiction—Accounting— Conditional Contract.</p> <p>The defence of limitations may be raised by demurrer to a bill in equity when from the face of the bill it can be seen that the statute applies.</p> <p>When equity has concurrent jurisdiction with a Court of law in a claim . for an accounting, the Court which first assumes jurisdiction is entitled to retain it.</p> <p>A contract by which plaintiff sold to defendant the receipts for certain medicinal preparations and the right to manufacture the same, provided for the payment of a royalty on sales to the plaintiff up to a certain sum, and also that the plaintiff should be employed by the defendant as selling agent for one year. It was also provided that if plaintiff’s son should not within one year thereafter execute a similar contract with the defendant, then there should be no further payment of royalties until that was done or proof made of the death of plaintiff’s son. More than five years after the date of the agreement, plaintiff filed a bill for an account of all sales made. Held,</p> <p>ist. That the plea of limitations was a bar to the relief asked, respecting the sales of the first year.</p> <p>2nd. That since it was not alleged that the plaintiff’s son had executed the contract stipulated for, or that he was dead, the defendant was under no obligation to pay royalties after the first year.</p>