The Republican. [volume] (Oakland, Md.) 1877-current, 1884-08-16
The Brydn LOchiel Equity Case De.
cided.
RELLIM.


Judge Hoffman yesterday filed
with CleIk of the Court Luman his
opinion in tie celebrated equity case
of w. A. Br.don, use H, G. DAVIS &
Co., VS. Lochiel Lumber company and
j. 1. and Max Livingston, decided
for the defendants and dismissing the
bill. The opinion is quite lengthy
one and deals ably with several nice
law points,
The followingreyiew of the case and
of the essential points of the opinion
will be of interest: In 1878 the Messrs.
Livingston made an agreement
with Mr.. Brydon, in which it was
agreed that in consideration of the lat
ter obtsininga deed from the North
Branch Coal company to the Living
stons for certain property, they would
do certain things, prominent among
them being tie erection within three
years, OF saw mill with a capacity
of 20. 900 feet per day. In case of de.
fault they were to payBrydon $4,000,
''as liquidated damages, and not as a
penalty" In August, 1888, Brydon
filed bill in equity in the Garrett
countycOurtalleging general breach
of the terms of the contract and par
ticularly of the one regarding the
erection of the mill of certain capaci-
ty in specified time. 1t was furth.
err alleged that according to the agree
ment in case of default the property
(which was the site of the present
milD should either be reconveyed to
Brydon, or he was corrective the S10,-
600. When the agreement was filed,
however, it showed no provision as
to rec0nveyance. The defendants. in
their answer, allege that the agree.
ment had been fully complied with,
as the mill was of more than the re-
quired capacity and had been erected
in time, They also claimed that the
court of equity had no jurisdiction as,
according to their claim, there was
no vendors lien on the property,
which was the ground the plaintiff
relied on as giving the court of equity
jurisdiction. The question was a
nice and interesting one.
The court decides that there was
no veLdor's lien that even If there
was vendors lien, Brydon could
not enforce it. as he was not the
the granter in the deed and failed to
show that the North Branch COM
pany had eyer assigned or transfer
red its right to the lien to Brydon
and that if, at any time he could
have done so, he had waived this
right by deed made by him to the
Livingstons in 1875, in which he
transferred all his right, title, inter-
est, claim and demand in and to the
properly to the Livingstons. The
court further decides that it must dis.
miss the bill for want of jurisdiction,
but goes on to pass upon the merits
of the case and decides that from the
evidence the covenants Of the agree
ment were all performed by the de-
PENDANTS, and particularly that the
mill was completed within the re-
quired time. as shown by prepon.
derance of the testimony. The Opin.
ion further passes upon questions OF
law, distinguishing those eases in
which amounts named in agreements
shall be treated as liqudated DANA
ges from such as must be declared a
penalty. The case was docketed in
1879, the Lochiel company being a
party defendant owing to the Liv'
ingstons -having transferred 10 prop
erty to them between the date of the
agreement and the filing of the bill,
The case dragged along YEARLY and
great mass of testimony was taken
The testimony taken before Commits
si0ner j. A. McHenry covered 1851
pages and about 300 more were taker
in Pittsburg. The original counse
} for the plaintiffs were Messrs. Walsh
and Cox, but Messrs. Walsh anC
Semmes argued the case last April
i