Abbotts Dairies, Inc. v. Schlosberg

Forrest, J.,

Plaintiff brought an action in assumpsit against defendant, claiming the sum of $100 as liquidated damages under an agreement entered into by the parties, the fifth paragraph of which reads as follows:

“5. Without prejudice to the assertion by the Company of any of its rights hereunder, the parties agree that the Customer shall pay to the Company the sum of One Hundred Dollars ($100.00) as liquidated damage to cover the expenses incurred by the Company in the installation and servicing of the said equipment in the event the Customer defaults or fails otherwise to comply with the…