Norwalk Door Closer Co. v. Eagle Lock & Screw Co.

In this action, the plaintiff, hereinafter called Norwalk, is seeking to recover $100,000 as liquidated damages for the breach of a written contract by the defendant, hereinafter called Eagle, and an additional sum for Eagle’s failure to deliver goods which had been ordered under the contract. Claims for consequential damages and for loss of profits and good will are no longer in issue. Eagle counterclaimed to recover $63,574.33 for goods delivered to Norwalk. Norwalk does not dispute this indebtedness. The trial court denied recovery of the $100,000 on the ground that it was a penalty, but…