Kelso v. Reid
Pennsylvania Court of Common Pleas, Beaver County
No. 7 October Term 1891, Sup. Ct.; court below, No. 239 September Term 1889, C. P. . On August 14, 1889, John M. Kelso and Joseph A. Kelso brought assumpsit against A. F. Reid. Issue. At the trial, on October 18,1890, the plaintiffs proved and gave in evidence a contract under seal, executed by A. F. Reid, of the one part, and JohnM.
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No. 7 October Term 1891, Sup. Ct.; court below, No. 239 September Term 1889, C. P. . On August 14, 1889, John M. Kelso and Joseph A. Kelso brought assumpsit against A. F. Reid. Issue. At the trial, on October 18,1890, the plaintiffs proved and gave in evidence a contract under seal, executed by A. F. Reid, of the one part, and JohnM. Kelso and Joseph A. Kelso, of the other part, as follows: “ This agreement made the 21st day of August, A. d. 1883, between A. F. Reid, of New Galilee, Beaver Co., Pa., of the first part, and Jno. M. Kelso and Jos. A. Kelso, of Allegheny Co., Pa., of the second…
1Opinion of the Court
Per Curiam :
The learned judge below was clearly right in excluding the testimony referred to in the first specification. The parties haying by their agreement liquidated the damages for its breach, any inquiry as to the extent of the injury sustained by the plaintiffs by the starting of defendant’s store was irrelevant. This belongs to a class of cases where it is next to impossible to prove the full extent of the damages; and it was for this reason, in part, at least, that the damages were liquidated by the parties themselves. Moreover, the amount was reasonable. It is just as well that…
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