Ing v. Roberts

The claim for breach of .covenant in respect to the assessments was waived upon the trial because the plaintiff liad not by payment entitled herself to reimbursement. (2) The claim for accrued interest on the mortgages was excluded because it was not due at the time the contract was performed, and could not be apportioned at law. The case of Lynch v. Rinaldo (58 How. Pr. 133) sustains this ruling, (3) The main contention, however, is to the right of the, plaintiff to recover from the defendant what she claimed as an unpaid difference on the exchange of certain real estate. The difficulty with…