Malone v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 422, Jan. T., 1891, by plaintiffs, R. A. Malone & Sons, from judgment of C. P. No. 1 of Pbila. Co., Dec. T., 1888, No. 846, on verdict for defendant. Assumpsit on a municipal contract. Tbe facts appear by tbe opinion of tbe Supreme Court.
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Appeal, No. 422, Jan. T., 1891, by plaintiffs, R. A. Malone & Sons, from judgment of C. P. No. 1 of Pbila. Co., Dec. T., 1888, No. 846, on verdict for defendant. Assumpsit on a municipal contract. Tbe facts appear by tbe opinion of tbe Supreme Court. Allison, P. J., charged in part as follows: “ This, ... in my judgment, is to be regarded as an agreement for liquidated damages, fixed, set, liquidated damages, and not as a penalty, and simply to recover tbe actual damages sustained, and no more tban tbe damages which have been shown to have existed. “ I do not know of anything else to go to…
1Opinion of the Court
Opinion by
Me. Justice Heydeick,
The contract upon which the plaintiffs declared was for the erection of a bridge over the Schuylkill river at Market street. It contained a covenant on the part of the plaintiffs that they would complete the bridge within twelve months from the date of notice to commence work; and that, if, for any reason •except for the written consent of the chief engineer and surveyor, as therein provided, the completion of the work should •be delayed beyond that period, they would pay the city, as liquidated damages, and not as a penalty, the sum of $50 for each and every…
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