Dewing v. Sears
Supreme Court of the United States
Dewing v. Sears, 78 U.S. 379 (1871)
20 L. Ed. 189; 11 Wall. 379; 1870 U.S. LEXIS 1485
Dewing v. Sears
Opinion
delivered the opinion of the court.
The contract in these eases was for the payment or delivery of a specified weight of pure gold, solvable in coined money. They are, therefore, governed by the decisions-heretofore made by this court in Bronson v. Rodes, and Butler v. Horwitz. It follows that the judgments entered in the Superior Court were erroneous. They should have been entered for coined dollars and parts of dollars, instead of treasury notes equivalent in market value to the value in coined money of the stipulated weight of pure gold.
Judgment in each case reversed, and the causes remanded with instructions to enter judgment in accordance with the
Foregoing opinion.
Reference
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- Syllabus
- On a lease where a yearly rent of “ four ounces, two pennyweights, and twelve grains of pure gold in coined money” is reserved (equivalent at the time when the lease was made to $80 per annum, and at the time when suit was brought to $87.25 per annum), judgment should be entered for coined dollars and parts of coined dollars, and not for TJ nited States notes (made by statutes of the United States a legal tender), and equivalent in market value to the value in coined money of the stipulatéd weight of pure gold.