Fort v. Cameron & Moore

Opinion by

Quinan, J.

§1112. Liquidated damages;penalty. Appellants contracted to build appellee a house, and to finish the same within a specified time, or, in default thereof, to pay $10 per day for every day the building remained unfinished after the time specified for its completion. Held, the intention of the parties manifestly was that the $10 per day should be considered as liquidated damages. What,, the damages were which, upon a failure to complete the-building in time, Port might suffer, would have been um-certain and difficult of computation. Here no sum in *626gross is fixed, but a rate…