 | William Selwyn - 1812 - 700 Seiten
...:-T-Uncertain damages, or an unliquidated demaud, cannot be made the subject of a set-oft* (43). But if two persons agree to perform certain work in a limited time*, or to pay a stipulated sum weekly, for such time afterwards as it should remain unfinished, and a bond is prepared in the... | |
 | Sir Thomas Edlyne Tomlins - 1812 - 736 Seiten
...come to his hands at the time they bore date, ß TR 57 34. If two persons agree to perform cer« tain work in a limited time, or to pay a stipulated weekly sum for such time aTterwards as it should remain iinfi» nished, and a bond is prepared in the name of both, but is executed... | |
 | Sir John Comyns - 1822 - 604 Seiten
...two persons agree to perform certain wort in a limited time, or to pay a stipulated weekly MUU lor such time afterwards as it should remain unfinished, and a bond is prepared with condition for the due performance of the work, or the payment of the weekly sum, and the work... | |
 | Sir John Comyns - 1825 - 576 Seiten
...the jury ; where the precise sum is fixed by the parties, the jury are confined to it. 4 Burr. 2225. If two persons agree to perform certain work in a...it should remain unfinished, and a bond is prepared with condition for the due performance of the work, or the payment of the weekly sum, and the work... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - 1826 - 780 Seiten
...was therefore not in the nature of a penalty. And in Fletcher r. Dycke(c), where two persons agreed to perform certain work in a limited time, or to pay...time afterwards as it should remain unfinished, and the work was not finished in time, it was most properly determined that the weekly payments were not... | |
 | John Simcoe Saunders - 1831 - 598 Seiten
...Olmhts, 3 B. Sf A. 692; 4 Burr. 2228; Birch v. Stephenson, 3 Taunt. 489. And so, where two persons agreed to perform certain work in a limited time, " or to...time afterwards, as it should remain unfinished," it was held, the jury must give such weekly -payments, they being in the nature of liquidated damages... | |
 | Charles Petersdorff - 1831 - 598 Seiten
...2 TR 32. So. where Two persons agree to perform certain work in a limited time, orto pay Л two per stipulated weekly sum for such time afterwards as it should remain unfinished; sons »greed and a bond is prepared in the name of both, but is executed by one onlv, with tei-Cain"™... | |
 | Joseph Chitty - 1834 - 850 Seiten
...subject the tenant to penalties was overruled (g). And in Fletcher v. Dyche (h), where two persons agreed to perform certain work in a limited time, " or to...such time afterwards as it should remain unfinished ;" the court held, that such weekly payments were not by way of penalty, but in the nature of liquidated... | |
 | Great Britain. Bail Court - 1838 - 876 Seiten
...not be admitted. Fletcher v. Dyche (e) was a case in which it was held, that if two persons agreed to perform certain work in a limited time, or to pay a stipu(a) 1 B. & Ad. 521. (rf) 3 B. & Ad. 580. (b) 10B.&C.217. (e) 2T. R.32. (e) 1 B. & Ad. 343. lated... | |
 | Samuel Vallis Bone - 1839 - 398 Seiten
...Burr. 2225., per LORD MANSFIELD CJ So in Fletcher v. Dyke, 2 Term Rep. 32., where two persons agreed to perform certain work in a limited time, or to pay...such time afterwards as it should remain unfinished, this was held to be not a penalty, but liquidated damages; and where a vendor who had sold a public... | |
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TR 32, it was held, that, if two persons agree to perform certain work in a limited time, or to pay a stipulated weekly sum for such time afterwards as it should remain unfinished... 
