Wade & Dunton, Inc. v. Gordon

Defendant’s exceptions in this case, heard by a single Justice of the Superior Court without the intervention of a jury, with the right of exceptions reserved on questions of law, allege as errors that there was no consideration for what was found to be a contract justifying the recovery allowed and that the provision of that contract for the payment of the $400 awarded as liquidated damages imposed a penalty having no connection with actual damages, none such having been suffered.

A breach of contract by the defendant is undoubted, if there was a contract. The plaintiff is an automobile…