107 A. 157
Court of Appeals of Maryland.
Decided January 14, 1919.
Equity: pleading; allegations of bill must be sustained.
Where a bill in equity not only is not sustained, but is actually contradicted by the complainant’s proof, it should be dismissed.
A saloon property was leased under the condition that the Brewing Company owning it would furnish to the tenant beer at the lowest price charged to any other customer; a bill was filed by the saloon keeper for a discovery and an accounting, and a decree for such an amount as the plaintiff might be found to have paid in excess of the prices with which he should have been charged; the allegations of the bill were not sustained by the plaintiff’s testimony, and it was held that the bill should be dismissed.
Decided January 14, 1919.
Appeal from Circuit Court No. 2 of Baltimore City. (AMBLER, J.)
The cause was argued before BOYD, C.J., BRISCOE, BURKE, THOMAS, PATTISON, URNER, STOCKBRIDGE and CONSTABLE, JJ.
William H. Surratt, for the appellant.
Eli Frank (with whom were Charles Lee Merriken and William L. Marbury, on the brief), for the appellee.
The decision of the lower Court was affirmed, with costs, in an opinion by URNER, J.
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