Riggins v. Hinchman

Opinion by

Hurt, J.

§ 30. Liquidated damages; penalty; rules as to; contract construed to provide for liquidated damages. Hinchman brought this suit to recover against Riggins for a breach of the following contract in writing, viz.:

“This agreement, made and entered into this the 20th day of August, A. D. 1879, by and between A. Hindu *51man of the first part, and N. B. and J. W. Biggins of the second part, all of the city of Waco, witnesseth: That for and in consideration of the party of the first part purchasing from the parties of the second part seven (J) Tennessee wagons, all complete, except…