Miller v. MacFarlane
Supreme Court of Connecticut
Action on a penal bond to recover the penalty of the bond as liquidated damages for breach of a covenant against competition, brought to and tried by the Superior Court in Fairfield County, Kellogg, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendants.
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Action on a penal bond to recover the penalty of the bond as liquidated damages for breach of a covenant against competition, brought to and tried by the Superior Court in Fairfield County, Kellogg, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendants. It is found that the plaintiffs, Miller and Hill, being about to purchase the property of the Bridgeport Silverware Company, required the defendants to execute the bond in suit whereby the defendant Francis H. Macfarlane sold to the plaintiffs any and all interest in or claims against the company, and both of…
1Opinion of the CourtBeach, J.
The validity of the stipulation for the payment of $3,500 as liquidated damages, depends upon the conditions we stated in Rabinowitz v. Apter, 90 Conn. 1, 96 Atl. 157: (1) that the damages to be anticipated are uncertain in amount or difficult to be proved; (2) that the parties intended to liquidate them in advance; (3) that the amount stated is a reasonable one, that is, not greatly disproportionate to the presumable loss or injury. These conditions are found to have existed in the present case at the time when the bond was executed; and it may be assumed, without deciding the point, that if…
2Cases cited7 opinions
- Dunn v. MorgenthauAppellate Division of the Supreme Court of the State of New York · 1902
- Hathaway v. LynnWisconsin Supreme Court · 1889
- May v. CrawfordSupreme Court of Missouri · 1898
- Jackson County Light, Heat & Power Co. v. City of IndependenceMissouri Court of Appeals · 1915
- McCann v. . City of AlbanyNew York Court of Appeals · 1899
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3Cited by5 opinions
- May v. YoungSupreme Court of Connecticut · 1938
- Norwalk Door Closer Co. v. Eagle Lock & Screw Co.Supreme Court of Connecticut · 1966
- Berger v. ShanahanSupreme Court of Connecticut · 1955
- King Motors, Inc. v. DelfinoSupreme Court of Connecticut · 1950
- State v. RedwineWashington Supreme Court · 1945