 Dyche(b) is a still stronger case: it was there 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, and a bond is prepared in the name of...  A Digest of the Laws of England - Page 364by Sir John Comyns - 1825Full view - About this book
 | Sir Thomas Edlyne Tomlins - Law reports, digests, etc - 1812 - 736 pages
...prepared in the name of both, but is executed by one only, with condition for the due per» formalice of the work, or the payment of the weekly sum, and the work is not finished at the time: such weekly payments are not by way of penalty, but in the nature of liquida ed damages,... | |
 | William Selwyn - Nisi prius - 1812 - 700 pages
...should remain unfinished, and a bond is prepared in the name of both, but is executed by one only, with condition for the due performance of the work, or the payment of the stipulated sum weekly, such weekly payments are in the nature of liquidated damages, and not by way... | |
 | Nicholas Baylies - Law reports, digests, etc - 1814 - 530 pages
...should remain unfinished, and a bond is prepared in the name of both, but is executed by one only, with condition for the due performance of the work,...payment of the weekly sum, and the work is not finished at the time ; such weekly payments are not by way of penalty, but in the nature of liquidated damages,... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - Law reports, digests, etc - 1817 - 898 pages
...should remain unfinished, and a bond is prepared in the name of both, but is executed by one only, with condition for the due performance of the work,...payment of the weekly sum, and the work is not finished at the time ; such weekly payments are not by way of penalty, but in the nature of liquidated damages,... | |
 | John Impey - Civil procedure - 1818 - 996 pages
...a stipulated weekly sum for such time afterpared in the name of both, but is executed by one only, with condition for the due performance of the work,...payments are not by way of penalty, but in the nature of weekly damages, and may be set-off by the obligee in an action brought against him by tho obligor who... | |
 | Joshua Montefiore - Commercial law - 1830 - 528 pages
...it shall remain unfinished, and a bond is prepared in the name of both, but is executed by one only, with condition for the due performance of the •work,...penalty, but in the nature of liquidated damages, and may be set off by the obligee in an action brought against him by the obligor, who executed the... | |
 | Joseph Chitty - Contracts - 1834 - 850 pages
...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 damages. Even where a certain sum is agreed to be paid on performance of a specific act (as disclosing a secret... | |
 | Great Britain. Bail Court - Civil procedure - 1838 - 876 pages
...remain unfinished, and a bond was prepared in the name of both, but executed in the name of one only, with condition for the due performance of the work, or the payment of the weekly sum, and the work was not finished in time, such weekly payments were not by way of penalty, but were in the nature of... | |
 | William Selwyn - Nisi prius - 1845 - 802 pages
...should remain unfinished, and a bond is prepared in the name of both, but is executed by one only, with condition for the due performance of the work, or the payment (/) Hutchinton v. Sttirget, \Villes, 261. (y) Hotclet \: Strickland, 1 Cowp. 56 ; (H) Collins v. Collins,... | |
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