District of Columbia v. Harlan & Hollingsworth Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia on the verdict of a jury in an action against the District of Columbia to recover the balance of the purchase price of a boat constructed for the District.
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Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia on the verdict of a jury in an action against the District of Columbia to recover the balance of the purchase price of a boat constructed for the District. The Court in the opinion stated the facts as follows: This is an action of covenant brought in the supreme court of the District of Columbia for the recovery of a balance claimed to be due upon a contract for the construction of a boat designed for use as a part of the equipment of the fire department of the city of Washington. The…
1Opinion of the CourtJustice Van Orsdbl
Counsel for plaintiff contends that the contract provides for the imposition of a penalty, and not liquidated damages, and therefore the District of Columbia was only entitled to deduct from the contract price the amount of damages actually sustained in consequence of plaintiff’s delay in delivering the boat. In England, before the passage of the statute of forfeitures and penalties (8 & 9 Wm. III.), in actions at law on a contract, where the performance of the conditions was secured by a penalty, the recovery was for the full amount of the penalty. Courts of equity, however, could relieve…
2Cases cited2 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- United States v. PeckSupreme Court of the United States · 1880
3Cited by6 opinions
- Ora Lee Williams v. Walker-Thomas Furniture Company, William Thorne v. Walker-Thomas Furniture CompanyCourt of Appeals for the D.C. Circuit · 1965
- Vicki Bagley Realty, Inc. v. LauferDistrict of Columbia Court of Appeals · 1984
- Davy v. CrawfordCourt of Appeals for the D.C. Circuit · 1945
- Byron Jackson Co. v. United StatesDistrict Court, S.D. California · 1940
- Simms v. BoveeDistrict of Columbia Court of Appeals · 1949
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