Booth & Flinn v. Pittsburgh

Supreme Court of Pennsylvania January 3, 1893

Booth & Flinn v. Pittsburgh, 154 Pa. 482 (Pa. 1893)

25 A. 803; 1893 Pa. LEXIS 922

Green, Heydrick, McCollum, Mitchell, Paxson, Williams

Opinion of the Court

Per. Curiam,

It is a well understood principle of law that interest does not run upon a contract, unless especially provided for therein, until the time fixed for payment. In other words, interest will not be allowed until the time of payment has arrived, unless especially contracted for.

There is nothing in this case to show a contract to pay interest on this claim, and we think the court below was right in entering judgment for the principal without interest.

Judgment affirmed.

Reference

Cited By: 1 case
Status: Published
Syllabus: Municipality — Paving contract — Interest. Interest does not run upon a contract, until the time fixed for payment, unless especially provided for in the contract. A contract by a municipality to pay a contractor for paving when the assessments shall have been made and collected, and if the assessments shall not have been collected at the end of two years “ the whole amount then unpaid to the contractor shall thereupon become due,” does not bear interest prior to the end of the two years.