Wheeler v. Woodward

Citations

• 66 Pa. 158
• 1870 Pa. LEXIS 291

Syllabus

<p>1. Arbitrators awarded, “ we And for the defendant for tbe reason * * that the defendant did * * tender to the plaintiff the sum of $20 * * and did bring $20 before the arbitrators and tendered the same to the plaintiff, which is now in the hands of the arbitrators subject to the demand of the plaintiff. And we find that the balance due from defendant to plaintiff on account was $10.43.” Judgment was entered for the defendant on the award; the court directed judgment to be entered for plaintiff for $10.43. Held to be error.</p> <p>2. l'ho arbitrators could be compelled to pay the money into court.</p> <p>3. If the defendant took the money,the court could compel him by attachment to restore it.</p> <p>4. Tender is a good plea in bar, and if followed up, protects the defendant.</p> <p>5. The sum brought into court becomes the money of the plaintiff and the verdict goes for the defendant carrying with it costs.</p>