This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 edition. Excerpt: ...defendant as a substantial personal appearance in the action. Notwithstanding the disclaimer in theanswer of any intention to enter the personal appearance of the defendant, ...
Paperback: 278 pages
Publisher: RareBooksClub.com (September 13, 2013)
Product Dimensions: 7.4 x 0.6 x 9.7 inches
Format: PDF ePub fb2 djvu ebook
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er must have had the effect of a pleading filed under ordinary circumstances, and thus have affected the rights; and responsibilities of the plaintiff, and enabled the defendant on the issues thus formed to contest the plaintiff 's claim, and to recover his costs if successful in the defense, we must regard the position of the defendant after filing his answer as that of a party personally before the court; and the court erred in refusing to render a personal judgment in the action. Wherefore the judgment appealed from is reversed, and the cause remanded for further proceedings not inconsistent with this opinion. Tion' or sucn coxrnacrs wlu. norr BE n:Nnoncn1.--A husband and wife undertook to sell her interest in real and personal estate, as expectant devisee of her father, for the sum of seven hundred and fifty dollars, and the_v covenanted to pay their vendor fifteen hundred dollars "as liquizlated da,mn,ges" if they failed to secure to him a good legal title within twelve months after the death of the testator. The vendee took possession after the death of the testator, and the contract was acquiesced in for several years, and until the death of the husband. After his death the vendee sued for a specific execution of. the contract, and if this should be refused, then for the fifteen hundred dollars damages stipulated in the contract. Held, First, a specific execution of the contract is refused. Second, the covenant to pay the fifteen hundred dollars "as liquideterl damages" is held to be the expression of a penalty,...