Legal Opinion

Martin v. Taylor

U.S. Circuit Court for the District of Pennsylvania

Decided April 15, 1803PublishedCited by 3 opinions

Covenant upon an agreement under seal, whereby the defendant, in consideration of a Virginia treasury land warrant for twenty thousand acres of land, which he acknowledges to have received of the plaintiff, and of a sum of money agreed by plaintiff to be paid on the performance of the work, stipulated by the defendant; agrees to enter the said warrant on vacant and unappropriated land in the state of Virginia, of a particular description, and to have the same surveyed and…

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Covenant upon an agreement under seal, whereby the defendant, in consideration of a Virginia treasury land warrant for twenty thousand acres of land, which he acknowledges to have received of the plaintiff, and of a sum of money agreed by plaintiff to be paid on the performance of the work, stipulated by the defendant; agrees to enter the said warrant on vacant and unappropriated land in the state of Virginia, of a particular description, and to have the same surveyed and regularly returned, all at the expense of the defendant; except the surveyor’s fees. The defendant, in another clause of…

1Opinion of the Court

WASHINGTON, Circuit Justice.

Where there is a penalty in an agreement under seal, the party injured, may, at common law, sue for the whole penalty, and must be satisfied with it; or he may bring covenant, and recover in damages more or less than the penalty. See 4 Burrows, 2225; 6 Brown, Parl. Cas. 470. If, in the latter case, the sum. stipulated to be paid is not a penalty, but intended as a compensation for non-performance, it must govern the jury in the assessment of damages. But that is not the present case; and yet more, it is unimportant on the present motion, which is to nonsuit the…

2Cited by3 opinions

  1. People v. Central Pacific RailroadCalifornia Supreme Court · 1888
  2. New Holland Turnpike Co. v. Lancaster CountySupreme Court of Pennsylvania · 1872
  3. Supervisors of Jackson Co. v. LeonardWest Virginia Supreme Court · 1880

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