Weatherall Corporation v. Ricks

QUINN, Associate Judge.

Appellant brought this suit against ap-pellees for breach of a home improvement contract. It claimed that appellees had canceled the agreement in violation of the contract provision which provided:

"Owner agrees that in event of cancellation of this contract by owner before work is started, shall constitute breach by owner and owner shall pay to contractor on demand twenty-five (25%) per cent of the contract price as its stipulated damages for the breach. This shall not be construed as a penalty but as liquidated damages.”

At the dose of appellant’s case the trial judge…