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ROBINSON v. GARDINER

[No. 4, October Term, 1950.]

196 Md. 213 (1950)

76 A.2d 354

ROBINSON ET AL. v. GARDINER ET AL.

Court of Appeals of Maryland.

Decided November 2, 1950.

Attorney(s) appearing for the Case

Ernest A. Loveless, Jr., and E.A. Wren, with whom was W. Gwynn Gardiner on the brief, for appellants.

W. Hamilton Whiteford and Palmer R. Nickerson, with whom were Due, Nickerson & Whiteford on the brief for appellee, Pennsylvania Threshermen & Farmers Mutual Insurance Co.

F. DeSales Mudd, with whom were Mudd & Mudd on the brief for appellees, George I. Gardiner, Jr., and H. Holland Hawkins.

The cause was argued before MARBURY, C.J., and DELAPLAINE, COLLINS, HENDERSON and MARKELL, JJ.

COLLINS, J., delivered the opinion of the Court.

This is an appeal by Paul C. Robinson and Charles Haas, plaintiffs below, appellants here, from a judgment for costs rendered against them after demurrer, filed by appellees, was sustained to their first amended declaration. The trial judge refused to allow appellants to file a second amended declaration.

This first amended declaration contained two counts, one in contract and the other in tort and, for the...

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