Page:United States Reports, Volume 2.djvu/259

 Surnrrrnz Counr or Pmyylvauia. 253 not et been obtained: NOW KNOW YE, that the condition t796. of the above obli ation isfuch, that if theabove bounden Samuel •¢v-I W¤lH: doth, wi&in (ix months from the date hereof, well and. truly obtain from the land office of the State of Pmrgfylvnuia aforefaid,·good and fuicient patents for all the lands defcrihed _- and conveyed within the deed aforefaid, as reference being there- unto had will appear, _and convey or caufe them to be paid tn the r faid Peletiab Weyfer, by good and fuliicient deeds and alfurances . y in the law, then the above writtenobligation to be void, other- wife to be and remain of full foree and virtne.” - After Oyer, the defendant pleaded performance of the con- dition; and the plaintif replied non-performance, afligning asa breach of the condition, that the defendant did not, within li: months after the execution of the bond, obtain patents for the - lands, and convey them, or caufe them to be conveyed, to the _ plaintidi On thefe pleadings iffue was joined, the caufe was tried, anda verdi& was given in favor of the plaintiff} “ the £5ooo debt, and £ 1922 ro damages and coils ; fubjedl to the opinion of the Court on the damages, which are given for in- tere{l." ‘ ' The queltion before the Court was : Whether the plaintif was entitled to recover interell upon the£5coo penalty, from the expiration of the fix months allowed for the performance of the · contract ? And it was argued by Ingnfall and Lewis, for the plaintiff`; by Cox: and M. Levy, for the defendant. For the plaintiff it was iniilled,,that in every point of view the interefl: ought to he allowed, and that it was the province of the ]ury to allow it by way of damages. And the Counfel illullrated, exemplified, and enforced the principle of their argu- ment, by cafes of penalties given under particular fiatutes;  _ cafes where the penalt is given in a bond for the payment of - an additional fum, if the fum mentioned in the condition fhould not be punétually paid ; by cafes where the penalty is given as a fecurity for the performance of a collateral ad; ; and by cafes where the penalty is confideted as the fixed and afcettained da- mages, mutually agreed upon by the parties themfelves ; in all which, it was urged, that damages had been carried beyond the penalty ; and the following authorities were cited. 2 T. Rep. ` 388. 9. Bunb. 23. Show. Par!. Ca. 1 5. 16. Bu.lL N. P. 178. 1 Salk. 2o6. 1 Vent. 133. 3 Cru. C. 559. 1 Rmb!. Eq. 141. r Brown. Cb. 418L 2 Jdmblarz. 430. 1 Vmr. rgg. 2 Hawk. P. C. 273; Caml. ago. g Lev. 374. If, then, the ]ury had a power to give damages at all, the intcrelt was - the molt reafonable rule that could he adopted to efiimate them. 2 l*im6I. Eq. 423. 1 Dom. C. L. 407. And the expiration of the lix months was the proper time to compute the dama es from, without regard to any demand ; for, where a cerpgin um

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