Leggett v. . Mutual Life Ins. Co. of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 64 Barb., 23.) This action was brought to recover the sum of $5,000, claimed as liquidated damages, for the non-performance of a contract.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 64 Barb., 23.) This action was brought to recover the sum of $5,000, claimed as liquidated damages, for the non-performance of a contract. On the 11th November, 1863, the parties entered into a written contract by which defendant agreed to sell to plaintiff certain premises situate in Flushing, Queens county. The contract contained the following clauses: “ And the said party of the first part…
1Opinion of the CourtRapallo, J.
The covenant sued upon was, in substance, that if the defendant should fail or refuse to execute and deliver a proper deed of conveyance, in manner and at the time and place previously specified in the contract, it would pay to the plaintiff $5,000, which sum was agreed upon as the liquidated amount of damages for such nonperformance.
The first question which naturally arises is, whether from the language of the whole contract it is apparent that the intention was that the defendant should pay these liquidated damages in case, without fault on its part, it should be unable to make a perfect…
2Cases cited1 opinion
- Conger v. . WeaverNew York Court of Appeals · 1859
3Cited by18 opinions
- Glock v. Howard & Wilson Colony Co.California Supreme Court · 1898
- Morgan v. BellWashington Supreme Court · 1892
- Consolidated Cut Stone Co. v. SeidenbachSupreme Court of Oklahoma · 1937
- Willson v. Mayor of BaltimoreCourt of Appeals of Maryland · 1896
- Wallach v. . Riverside BankNew York Court of Appeals · 1912
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