Joseph Story

“ But if this difficulty were surmounted, and the articles are to be deemed properly before us, we do not see how they can well be construed not to import a personal liability on the part of Lutz, for the want of any obligations contained in them. The articles purport to be made by Lutz, and to be sealed by him; and not to be made and sealed by his principal. The description of himself, as agent, does not, under such circumstances, exclude his personal responsibility. But this very liability was necessarily submitted to the referees, and came within the scope of their award. ”

“ Upon the whole, our opinion is, that the judgment of the circuit court ought to be affirmed.
This cause came on to be heard on the transcript of the record from the circuit court of the United States, for the district of Columbia, holden in and for the county of Washington, and was argued by counsel; on consideration whereof, it is ordered and adjudged by this court, that the judgment of the said circuit court in this cause be, and the same is hereby affirmed, with costs and damages at the rate of six per centum per annum. ”

“ The declaration, after reciting that Lutz, by these articles, leased certain premises in Georgetown to Linthicum for five years, from 3d day of May then next ensuing, and a covenant on the part of Linthicum to pay therefor an annual rent of two hundred and fifty dollars, the rent to be paid half yearly, averred, that, by the articles of agreement, Lutz bound himself to Linthicum, that the latter should have peaceable possession of the premises, and retain and keep the same for the said five years ”

“ The suit was brought for damages under a contract, and for the loss of the use and repairs of a certain house; and the award gives the amount to the plaintiff below for expenses, but nothing is said in the agreement about expenses. There could be no claim for expenses, for not having been allowed to hold the premises under the lease. ”

“ How that may have been, we have no means of knowing, for nothing appears upon the record respecting it, and there is no ground to say that it ought to constitute any part of the record, or that it is properly assignable as error. ”

“ It is matter purely collateral and in pais. If no such copy had been delivered, the proper remedy would have been to take the objection in the court below upon the motion for judgment, or to set aside the judgment for irregularity, if there had been no waiver, or no opportunity to make the objections before judgment. ”

“ There are but two parties to this suit, and two only to the reference.
Linthicum is the plaintiff, seeking damages for breach of a specific covenant. Lutz is the defendant, charged with the breach. The arbitrators award, that Linthicum shall receive one thousand one hundred and twenty-nine dollars and ninety-three cents, for his loss and damage, in consequence of the breach of covenant of which he complained against Lutz. ”