Perkins v. Lyman
Massachusetts Supreme Judicial Court
After the decision of the Court upon, the issues in law joined in this action, (vide, ante, vol. ix. p. 522,) verdicts were taken before the late chief justice upon the issues in fact, which were mentioned in the former report to have been joined. Those issues arose out of the following pleas: — First, plea to the first count.
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After the decision of the Court upon, the issues in law joined in this action, (vide, ante, vol. ix. p. 522,) verdicts were taken before the late chief justice upon the issues in fact, which were mentioned in the former report to have been joined. Those issues arose out of the following pleas: — First, plea to the first count. “ And now the said Lyman comes and defends, &c., when, &c., and as to the first count in the plaintiff’s declaration, prays oyer of the agreement in writing declared on, and it is read to him in these words, viz.: ‘ Memorandum of an agreement made and concluded on the…
1Per curiam
There is unquestionably considerable uncertainty in the application of the cases on this subject, if not in the principles which have influenced in the decision of those cases. But one *81point seems to be settled. The question whether a sum of money mentioned in an agreement shall be considered as a penalty, and so subject to the chancery powers of this Court, or as damages liquidated by the parties, is always a question of construction, on which, as in other cases where a question of the meaning of the parties in a contract provable by a written instrument arises, the Court may take some aid…
2Cases cited3 opinions
- Tayloe v. T. & S. SandifordSupreme Court of the United States · 1822
- Hasbrouck v. TappenNew York Supreme Court · 1818
- Slosson v. BeadleNew York Supreme Court · 1810
3Cited by22 opinions
- Eakin v. ScottTexas Supreme Court · 1888
- Foley v. McKeeganSupreme Court of Iowa · 1856
- Watt's Ex'rs. v. SheppardSupreme Court of Alabama · 1841
- Willson v. Mayor of BaltimoreCourt of Appeals of Maryland · 1896
- Yetter v. HudsonTexas Supreme Court · 1882
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