Water Co. of Tonopah v. Tonopah Extension Mining Co.

NORCROSS, District Judge.

This cause was tried before the late Judge Farrington, who on March 24, 1929, signed a judgment in form prepared by counsel for plaintiff for the principal sum of $23,009. The judgment as so signed and entered contained no express provision for interest thereon until paid. The principal amount of the judgment, together with costs entered therein by the clerk, was paid to plaintiff by defendant on September 30, 1930. It appears from an unchallenged statement contained in plaintiff’s brief that such payment was subject to the condition that it was accepted “without…