Kloeppel Hotels, Inc. v. May-Jax, Inc.

The trial court in its amended final judgment correctly stated: “In any contract where liquidated damages are provided, the courts have held that such a provision is not conclusive in and of itself but rather the courts will look at ‘the nature of the contract, the terms and purposes of the whole instrument, the natural and ordinary consequences attending each case, to determine its real character and purpose.’ Pembroke v. Caudill [Fla.], 37 So.2d 538 (1948). Paradis v. Second Avenue Used Car Co. [Fla.], 61 So.2d 919 (1952). Also while it is well settled that monies paid in part performance…