Gillilan v. Rollins
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Tibbets, J. The sum stipulated to be paid on a breach of the agreement was intended between the parties as liquidated damages. The jury should have been instructed accordingly.
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Error from the district court of Lancaster county. Tried below before Tibbets, J. The sum stipulated to be paid on a breach of the agreement was intended between the parties as liquidated damages. The jury should have been instructed accordingly. (1 Pomeroy, Equity Jurisprudence [2d ed.], secs. 440-445; 3 Parsons, Contracts [8th ed.], p. 156; 2 Sedgwick, Measure of Damages [7th ed.], p. 243, note a; Bispham, Principles of Equity [4th ed.], sec. 179; Chase v. Allen, 13 Gray [Mass.], 45; Cushing v. Drew, 97 Mass., 445; Gras■selli v. Lowden, 11 O. St., 349; Gobble v. Hinder, 76 111., 157; Peine…
1Opinion of the Court
Ragan, C.
On the 29th day of December, 1888, John A. Rollins duly executed and delivered to John J. Gillilan and Aldridge D. Kitchen a writing obligatory, in words and figures as follows:
“ I, John A. Rollins, of the city of Lincoln, Nebraska, for a good and valuable consideration, am held and firmly bound unto John J. Gillilan and A. D. Kitchen in the penal sum of five thousand (5,000) dollars, for the payment of which I bind myself, my heirs, administrators, and executors firmly by these presents, upon conditions as follows, to-wit: First — That I build the line of the Capitol Heights Street…
2Cases cited1 opinion
- Brennan v. ClarkNebraska Supreme Court · 1890
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