Sanders & Ables v. Carter
Supreme Court of Georgia
Before Judge Janes. Paulding superior court. January term, 1892. Action by Carter against Sanders & Abies on the contract set out in the opinion. The verdict was for $150 in favor of the plaintiff and defendants excepted to the refusal of a new trial.
1Opinion of the Court
Lumpkin, Justice.
1. What construction should be placed upon contracts similar to that sued on in the present action, is a question which has long vexed and perplexed the courts both of this country and of England. It may be stated as definitely settled, however, that in determining whether the forfeiture named in an instrument of this kind is to be regarded as liquidated damages, or only in the nature of a penalty, much depends upon ascertaining . the true intent of the parties. It was formerly held that when it satisfactorily appeared that the parties contemplated that the amount specified…
2Cases cited6 opinions
- Eakin v. ScottTexas Supreme Court · 1888
- Basye v. AmbroseSupreme Court of Missouri · 1859
- Morton v. MurrellSupreme Court of Georgia · 1881
- Roberts v. DavisSupreme Court of Georgia · 1884
- Burruss v. Smith & TurnerSupreme Court of Georgia · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Daniels v. JohnsonCourt of Appeals of Georgia · 1989
- Mayor of the City of Brunswick v. Ætna Indemnity Co.Court of Appeals of Georgia · 1908
- National Manufacture & Stores Corp. v. DekleCourt of Appeals of Georgia · 1934
- Martin v. LottSupreme Court of Georgia · 1916
- Gibson v. SheriffCourt of Appeals of Georgia · 1980
16 more not listed; retrieve them via the Exa API.