Atkinson v. Adams

U.S. Circuit Court for the District of Eastern Pennsylvania

Atkinson v. Adams

163 F. 671, 1908 U.S. App. LEXIS 5261

U.S. Circuit Court for the District of Eastern Pennsylvania·Decided July 14, 1908·No. No. 38·Published

Opinion

J. B. McPHERSON,

District Judge. In my opinion, this motion must be refused. The testimony already taken — which the parties have agreed to submit in order to obtain a decision whether the complainant is entitled to discovery — proves to my satisfaction that a proper legal tender was neither made nor waived on March 26, 1906. If this is correct, the present bill which asks for specific performance, or, in the alternative, for damages, has no sufficient ground, and discovery should be denied.

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J. B. McPHERSON,

District Judge. In my opinion, this motion must be refused. The testimony already taken — which the parties have agreed to submit in order to obtain a decision whether the complainant is entitled to discovery — proves to my satisfaction that a proper legal tender was neither made nor waived on March 26, 1906. If this is correct, the present bill which asks for specific performance, or, in the alternative, for damages, has no sufficient ground, and discovery should be denied.

Atkinson v. Adams, 163 F. 671, 1908 U.S. App. LEXIS 5261 (circtedpa 1908).

Pincite

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