Nash v. Hermosilla
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, County of Sacramento. This was an action for damages upon a breach of contract on the part of defendant.
Read the full summary
Appeal from the District Court of the Sixth Judicial District, County of Sacramento. This was an action for damages upon a breach of contract on the part of defendant. The plaintiff was a tenant of defendant, occupying a wooden house, and defendant wishing to erect, on the lot so occupied by plaintiff, a brick building, made with the plaintiff the following written agreement : “Know all men by these presents, that I, Rosa Hermosilla, of Sacramento city, California, in consideration of the giving up of a lease, now held by John Hash, of same city, to a wooden building situated on J street,…
1Opinion of the CourtBurnett, J.
The cases upon this subject are numerous, and it is difficult to deduce from them any certain and definite rule. In fact, the transactions of individuals are so various, and the circumstances of many cases so peculiar, that no certain rule can be adopted for all cases. But, from the decisions, the following results seem to be substantially correct:
1. When the party stipulates to pay a stated sum for a given period of time during the continuance of the failure, then the damages are to be considered as liquidated. (Aylet v. Dodd, 2 Atk., 238 ; Fletcher v. Dyck, 2 Term R., 32 ; Smith v. Smith, 4…
2Cases cited6 opinions
- Tayloe v. T. & S. SandifordSupreme Court of the United States · 1822
- Donaldson v. Wood & WoodCourt for the Trial of Impeachments and Correction of Errors · 1839
- Smith v. SmithNew York Supreme Court · 1830
- Losee v. DunkinNew York Supreme Court · 1810
- The Cal. Steam Navigation Co. v. WrightCalifornia Supreme Court · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McCarthy v. TallyCalifornia Supreme Court · 1956
- Keeble v. KeebleSupreme Court of Alabama · 1888
- Beasley v. Wells Fargo BankCalifornia Court of Appeal · 1991
- Trower v. ElderIllinois Supreme Court · 1875
- Savannah & Charleston Railroad v. CallahanSupreme Court of Georgia · 1876
2 more not listed; retrieve them via the Exa API.