– And Clatch: 1685

Debt on obligation of 600l. The defendant pleads that condition was to pay a less sum by a day, and that before the day he paied in satisfaction, which per Curiam is an ill plea, having not demanded oyer of the condition.
The plaintiff replied, demanding oyer that the condition was to pay a less sum by a day, and the defendant demurs without shewing that the money was paied at the day, which per Curiam is ill; and judgment must be against the plaintiff. Sed adjornatur.

Citations:

[1685] EngR 81, (1685) 3 Keb 708, (1685) 84 ER 965 (D)

Links:

Commonlii

Litigation Practice, Contract

Updated: 18 May 2022; Ref: scu.396856