Legal Opinion

Kilgus v. Wayne Co.

Supreme Court of New Jersey

Decided November 17, 1913PublishedCited by 5 opinions

On error to the Essex Circuit Court. Suit was brought for a balance of the contract price and for a bonus for early completion at $100 per day (with interest upon both) under a building contract.

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On error to the Essex Circuit Court. Suit was brought for a balance of the contract price and for a bonus for early completion at $100 per day (with interest upon both) under a building contract. The defence was a counter claim of $100 per day liquidated damages for tardy completion; and the surplus of contract balance after deducting the tardy completion claim was paid into court and withdrawn by the plaintiff below before trial, leaving an admitted contract price balance of $2,000, which one side claimed should he increased by seventeen days’ bonus at $100 per day, and the other side…

1Opinion of the Court

The opinion of the court was delivered by

White, J.

Where a jury renders an excessive verdict the court may and frequently does, upon a rule to show cause, put the plaintiff upon terms whereby unless he shall, within a fixed time, remit all above an amount specified by the court, the rule shall be made absolute; otherwise, that is, upon his so remitting, it shall be dismissed. This is an exercise of the equitable power of the court whereby it prevents a miscarriage of justice by thwarting the unjust action of the jury in deliberately rendering a verdict for the excessive amount. What the court…

2Cases cited1 opinion

  1. Peters v. FogartySupreme Court of New Jersey · 1893

3Cited by5 opinions

  1. Walker v. St. LaurentSupreme Court of Rhode Island · 1968
  2. Robb v. John C. Hickey, Inc.Morris County Circuit Court, N.J. · 1941
  3. State v. HarrisNew Jersey Superior Court Appellate Division · 1963
  4. Trovato v. CapozziNew Jersey Circuit Court · 1935
  5. White v. ShawNew Jersey Superior Court Appellate Division · 1949

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