DAVIS SAND AND GRAVEL CORP. v. BUCKLER

[No. 214, September Term, 1962.]

231 Md. 370 (1963)

190 A.2d 531

DAVIS SAND AND GRAVEL CORPORATION v. BUCKLER

Court of Appeals of Maryland.

Decided May 3, 1963.


Attorney(s) appearing for the Case

Waldo Burnside for appellant.

LeRoy Pumphrey, with whom was W. Gwynn Gardiner on the brief, for appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND and HORNEY, JJ., and EVANS, J., Associate Judge of the Fifth Judicial Circuit, specially assigned.


EVANS, J., by special assignment, delivered the opinion of the Court.

Damages were assessed by the trial court against the appellant, and it appeals. Its contention is not that the amount of the award was improper, but that the court had no authority to make such an award.

This is the third trip to this Court for these parties and a brief chronology of events is necessary to answer appellant's contentions.

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