Thomas v. Nichols

Citations

• 77 Pa. Super. 82
• 1921 Pa. Super. LEXIS 213

Syllabus

<p>Practice, C. P. — Tender of amount admitted on claim — Money paid into court — Verdict of jury — Credit of money paid into court.</p> <p>In an action of assumpsit for the wrongful cancellation of a lease, the defendant admitted that a certain amount was due, and averred a tender of the same. At the trial of the case after plaintiff’s evidence was concluded the defendant again tendered in open court the amount which he admitted to be due, and upon the plaintiff’g refusing to accept the same, asked leave to pay the money into court, which was granted. Upon a verdict by the jury for the plaintiff, the defendant took a rule to show cause why the money which was paid into court should not be credited against the verdict. Held, that the money paid into court belonged to the plaintiff and that the amount thereof should be credited against the verdict, less the costs and poundage fee.</p>