Ed. Steves & Sons, Inc. v. Lippman

On Motions for Rehearing.

We have considered appellees’ motion for a rehearing and same is overruled. We have also considered the motion for rehearing of appellant Ed. Steves & Sons, Inc., and have concluded that we erred in not providing for interest upon the balance due on the note from April 26, 1950, to September 21, 1951, at the rate of 10% per annum, amounting to $1;647.41. We are also of the opinion that from this amount should be deducted the sum of $327.12, which was the amount paid by appellees over and above the amount of principal due on the note, leaving a balance in the sum of $1,320.29, which sum should bear interest at the rate of 6% per annum from November 15, 1951, until paid.

Accordingly, our judgment heretofore rendered on November 12, J.952, will be set aside and judgment now rendered as follows: The judgment of the trial court will be reversed, wherein it decrees that appellees shall have the right to offset against Steves in the sum of $1,050, and wherein it decrees to appellees the right of recovery against Maryland Casualty Company in the sum of $219.34. The judgment will be amended so as to decree a recovery in favor of Steves against appellees for the sum of $1,174.40 as attorney’s fees, and the sum of $1,320.29 as interest, making a total recovery of $2,494.69, together with interest at the rate of 6% per annum from November 15, 1951, until paid, and that part of the judgment of the trial court which has not been reversed, together with the amendment herein provided for, is affirmed.