1 D.C. 188
District of Columbia District Court
Decided November 15, 1804
District of Columbia District Court · decided 1804-11-15
Writ of inquiry, upon a judgment on demurrer in an action of covenant on a lease; breach, not paying rent. contended that as the landlord has a summary process to compel payment, he is not entitled-to interest. The action is covenant and sounds in damages, and the jury alone can assess them.
Decided 1804-11-15
¶1instructed the jury that they were as much bound to give interest on the arrears of rent as on any other debt by specialty; that it is in the power of the jury to refuse interest; and if they refuse, it is in the power of the Court to grant a new trial.
¶2Verdict for plaintiff, including interest.
¶3A new trial was afterwards granted on the ground of misdirection of the jury by the Court.