Harwood v. Tappan
Court of Appeals of South Carolina
Before Evans, J., at Charleston, Spring Term, 1843. This was an action of covenant, upon a builder’s contract, brought in pursuance of a decretal order of the court of equity, made upon a bill to enforce .a specific lien, for payment of the amount claimed to be due on the said contract. The jury found for the plaintiffs the sum of $3,934 62 cents, being the aggregate of the principal sum of $3,274, and interest thereon from 10th June, 1840, to the date of the verdict.
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Before Evans, J., at Charleston, Spring Term, 1843. This was an action of covenant, upon a builder’s contract, brought in pursuance of a decretal order of the court of equity, made upon a bill to enforce .a specific lien, for payment of the amount claimed to be due on the said contract. The jury found for the plaintiffs the sum of $3,934 62 cents, being the aggregate of the principal sum of $3,274, and interest thereon from 10th June, 1840, to the date of the verdict. The following is the report of the trial, made by his Honor, the presiding Judge. Report. This was an issue from Chancery, to…
1Opinion of the Court
*546Curia, per
Frost, J.
The defendant’s motion in arrest of judgment derives no support from the first, second, fourth and fifth pleas, and the issues thereon, and in determining that motion, they may be dismissed from consideration. It is affirmed that the covenant of the plaintiffs to finish the buildings, constitutes a condition precedent, the performance of which is not sufficiently averred in the declaration, and that the defect in the declaration is not aided by the subsequent pleadings, so as to entitle the plaintiffs to enter judgment on the verdict rendered. Admitting, for the argument,…
2Cases cited1 opinion
- Sterns v. PattersonNew York Supreme Court · 1817