Caldwell v. Richmond
Caldwell v. Richmond
Opinion of the Court
delivered the opinion' of the Court:
The special count in the declaration in this ease was defective in not averring a tender of performance or readiness to perform on the part of the plaintiff. The defendant, however, waived his demurrer by pleading nil debet. This was not a good plea, but the parties went to trial and the jury found a verdict for the plaintiff for $740, without specifying whether it was for debt or damages, and the court rendered a general judgment for that amount. In this there was error. As has often been decided by this court, the verdict should havé specified the debt and damages, and a judgment should have been rendered for the debt, to be satisfied by the payment of the damages and costs. The judgment is reversed and the cause remanded.
Judgment reversed.
Reference
- Full Case Name
- Mary Caldwell v. Robert J. Richmond
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Pleading in an action on a title bond—of the declaration—whether sufficient. In an action of debt on a penal bond, where the breach alleged was the failure of the principal in the bond to keep his covenant to make to the plaintiff, on the payment to him by the plaintiff of a certain sum of money within a certain time, a good and sufficient deed of conveyance in fee simple of a certain- tract of land, it was held, that the declaration, it failing to aver on the part of the plaintiff a tender of performance or readiness to perform, was defective. 2. Nil debet—whether a proper plea. In such an action, nil debet Is not a good plea. 3. Penalbonds—;form of judgment thereon. In an action of debt on a penal bond, the verdict, if in favor of the plaintiff, should specify the debt and damages, and judgment should be rendered for the debt to be satisfied by the payment of the damages and costs.