Payne v. Cumming

Defendant in error Cumming brought an action in the district court of Sedgwick county in which he sought to recover the sum of $1,500.00 from plaintiff in error Payne. Payne asserted the right to keep said sum, admittedly received by him from Cumming, on the ground that it was “liquidated damages” under the terms of a contract between the parties, and that Cumming had failed to perform the agreement; that because of said nonperformance he had forfeited all right to said sum.

Trial was to a jury which returned a verdict in favor of Cumming, upon which the trial court entered judgment. Payne,…