Genne against Tinker
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1797 |
| Date | 01 January 1797 |
| Court | Court of Common Pleas |
English Reports Citation: 83 E.R. 558
IN THE COMMON PLEAS.
5.58 MICHAELMAS, 33 CHARLES II. 3LEV.24. [24] michaelmas teem, in the thirty-third year of the reign of charles II. in the common pleas. genne against tinker. An award ill pleaded by the defendant; the plaintiff need not assign a breach. 1 Salk. 138. 1 Saunders, 102. 3 Bac. Ab. 716. Debt upon an obligation, whereby the defendant and two others were to perform an award made betwixt them and the plaintiff. The defendant pleaded the award; which was, that the defendant should pay the t plaintiff 20s. and each of the others 20s. a-piece, and that he tendered the 20s. so to be paid by him, which the plaintiff refused to accept of. The plaintiff replied, that at a day after the refusal he demanded the said 20s. of the defendant, which the defendant then refused to pay him. The defendant demurred ; and per Cur'; the replication is idle : for the 20s. being a sum collateral to the obligation was lost for ever by the first refusal, 9 Co. 79 a. Co. Lit. 207 a. Lit...
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Veale v Warner
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