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Excerpt from A Summary of the Law of Set-Off: With an Appendix of Cases Argued and Determined in the Courts of Law and Equity Upon That Subject
Fletcher v. Dyche, 2 Term Rep. 32. A. D. 1787. (app. Assumpsit Plea of set-off - that the plaintiff was bound to the defendant in the sum of 2361. On a condition which stated that the defendant had contracted with a Committee for repairing the Parish Church of St. Mary le Bow, to repair the same and that the plaintiff had contracted with the defendant to per form the smith's and ironmonger's work within a certain time, or to forfeit 101. A-week for every week after the expiration of the time till the completion of the work that such smith's and ironmonger's work was not completed within the limited time, but continued unfinished for 4 weeks after its expi ration by which 401. Became due to the plaintiff, which he offered to set off - The court were clearly of opinion that the 401. Was in the nature of liquidated damages, and that it might be set-off.
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