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WEIL v. FREE STATE OIL CO. OF MD.

[No. 130, October Term, 1951.]

200 Md. 62 (1952)

87 A.2d 826

WEIL v. FREE STATE OIL COMPANY OF MARYLAND ET AL. (Two Appeals in One Record)

Court of Appeals of Maryland.

Decided April 9, 1952.

Attorney(s) appearing for the Case

Melvin J. Sykes and Emanuel Gorfine, with whom was Morton J. Hollander on the brief, for the appellant.

Robert E. Clapp, Jr., and Herbert R. O'Conor, Jr., with whom were George W. McManus, Jr., and Mathias & Mathias on the brief, for the appellees.

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

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

The Free State Oil Company of Maryland and the Free State Oil Company of Virginia (herein referred to as "Maryland" and "Virginia", respectively) each brought suit on the common counts against Congress Oil Company, a Delaware corporation, and Irving H. Weil, to recover for certain deliveries of oil products to Congress upon Weil's request. Congress was not summoned, and after bills of particulars had been filed

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