[Download] "Prentice v. Pickersgill" by United States Supreme Court # eBook PDF Kindle ePub Free

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eBook details

• Title: Prentice v. Pickersgill
• Author : United States Supreme Court
• Release Date : January 01, 1867
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

ERROR to the Circuit Court for the Western District of Pennsylvania. The twenty third rule of this court declares that 'in all cases where a writ of error shall delay the proceedings on the judgment of the inferior court, and shall appear to have been sued out merely for delay, damages shall be awarded at the rate of ten per centum per annum on the amount of the judgment; and the said damages shall be calculated from the date of the judgment in the court below until the money is paid.' With this rule in force Prentice sold to Pickersgill a lot of ground having a mortgage of $5000 on it; Pickersgill paying $1500 in cash, and Prentice covenanting to pay off the mortgage. The covenant not being kept, and the property having been sold on a foreclosure of the mortgage, Pickersgill sued Prentice on the covenant. Prentice pleaded that as 'he claimed, supposed, and understood,' the covenant was satisfied and discharged, he having paid Pickersgill $1500 back; but that a dispute arising between the parties as to whether anything more ought to be paid, the matter was agreed to be left to one Henry, who said and decided that $1500 more ought to be paid.

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