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

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

DecidedJuly 14, 1908

DocketNo. 38

StatusPublished

This text of 163 F. 671 (Atkinson v. Adams) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

163 F. 671, 1908 U.S. App. LEXIS 5261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atkinson-v-adams-circtedpa-1908.