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WHITE v. COUNTY COMM'RS

[No. 146, September Term, 1961.]

227 Md. 573 (1962)

177 A.2d 905

WHITE v. COUNTY COMMISSIONERS OF WASHINGTON COUNTY

Court of Appeals of Maryland.

Decided February 20, 1962.

Attorney(s) appearing for the Case

Gorman E. Getty and Elwood E. Hauver, with whom was Martin V.B. Bostetter on the brief, for the appellant.

John M. Colton and Norman I. Broadwater, with whom was James S. Getty on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, PRESCOTT, MARBURY and SYBERT, JJ.

BRUNE, C.J., delivered the opinion of the Court.

The plaintiff, White, appeals from a judgment n.o.v. in favor of the defendant, the County Commissioners of Washington County, a municipal corporation (sometimes referred to below as the "County"), entered in a suit in contract for the rental of a power shovel. The suit (filed in Washington County but, on suggestion of the plaintiff, removed to Allegany County for trial) was brought on the common counts and a...

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