Mundy v. Culver
New York Supreme Court
Motion by the defendant for a new trial, upon a bill of exceptions. The action was brought upon a written agreement, executed by the parties, on the 9th of January, 1851, by which the plaintiff agreed to sell and convey to the defendant a certain piece of land in the village of Farmersville, with a storehouse thereon; possession to be given on the first day of March then next.
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Motion by the defendant for a new trial, upon a bill of exceptions. The action was brought upon a written agreement, executed by the parties, on the 9th of January, 1851, by which the plaintiff agreed to sell and convey to the defendant a certain piece of land in the village of Farmersville, with a storehouse thereon; possession to be given on the first day of March then next. The plaintiff also agreed to sell an'd deliver to the defendant, on the said first day of March, all the goods, wares and merchandise which he might have on hand in his store in Farmersville, on the said first day of…
1Opinion of the Court
By the Court, T. R. Strong, J.
The parties, in the concluding part of their contract, have expressly declared, that if either shall fail to fulfill the covenants and agreements in the contract contained, the party failing shall pay to the other the just and full sum of one thousand dollars, as liquidated damages for the default. More clear and explicit language could not .have been employed, to express an intention to fix and settle the amount of damages to be paid upon non-performance by the failing party; and the parties must be deemed to have entertained such an intention, unless it is…
2Cases cited4 opinions
- Knapp v. MaltbyNew York Supreme Court · 1835
- Esmond v. Van BenschotenNew York Supreme Court · 1852
- Holmes v. HolmesNew York Supreme Court · 1851
- Hasbrouck v. TappenNew York Supreme Court · 1818
3Cited by6 opinions
- Clement v. . CashNew York Court of Appeals · 1860
- Shute v. HamiltonNew York Court of Common Pleas · 1871
- McIntire v. CagleySupreme Court of Iowa · 1873
- Brinkerhoff v. OlpNew York Supreme Court · 1860
- Kemp v. Knickerbocker Ice Co.New York Court of Common Pleas · 1876
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