Schenck v. Bandmann

Belcher, C. C.

The plaintiff commenced this action to recover judgment against the defendants for one thousand dollars liquidated damages, with costs of suit, under the provisions of an act of the legislature of this state, approved April 23, 1880 (Stats. 1880, p. 134). The case was submitted in the court below upon an agreed statement of facts, and judgment was given for plaintiff as prayed for in his complaint. The appeal is from the judgment, and rests on the judgment roll.

The facts of the case, as they were agreed to and found by the court, are as follows: In September, 1880, the Pittsburg…