Schoolnick v. Gold
Supreme Court of Connecticut
Action to recover $2,000 as liquidated damages for the defendant’s breach of his agreement not to engage in the sale of butter and eggs within a prescribed section of the city of Hartford, brought to and tried by the City Court of Hartford, Bullard, Jfacts found and judgment rendered for the plaintiff for nominal damages only, from which he appealed.
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Action to recover $2,000 as liquidated damages for the defendant’s breach of his agreement not to engage in the sale of butter and eggs within a prescribed section of the city of Hartford, brought to and tried by the City Court of Hartford, Bullard, Jfacts found and judgment rendered for the plaintiff for nominal damages only, from which he appealed. On January 3d, 1910, the defendant, being the owner and conductor of a butter and egg store located on Main Street in the city of Hartford, and carried on under the name of the Connecticut Egg Company, sold the business, together with its stock…
1Opinion of the CourtPrentice, C. J.
The considerations to be observed, and tests to be applied, in determining whether the provision in this contract touching the $2,000 payment should be regarded and enforced as one for liquidated damages, or treated as a nonenforceable penalty, have been under review in two recent cases. Dean v. Connecticut Tobacco Corporation, 88 Conn. 619, 92 Atl. 408; Banta v. Stamford Motor Co., 89 Conn. 51, 92 Atl. 665. In these cases the subject was so fully discussed, and our conclusions so fully stated, that it is unnecessary to repeat what was then said in affirming and elaborating previous…
2Cases cited6 opinions
- Jaquith v. HudsonMichigan Supreme Court · 1858
- Banta v. Stamford Motor Co.Supreme Court of Connecticut · 1914
- Dean v. Connecticut Tobacco CorporationSupreme Court of Connecticut · 1914
- Barry v. HarrisSupreme Court of Vermont · 1877
- Stafford v. ShortreedSupreme Court of Iowa · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Norwalk Door Closer Co. v. Eagle Lock & Screw Co.Supreme Court of Connecticut · 1966
- Hanlon Drydock & Shipbuilding Co. v. G. W. McNear, Inc.California Court of Appeal · 1924
- Berger v. ShanahanSupreme Court of Connecticut · 1955
- C & M Realty Trust v. WiedenkellerSupreme Court of New Hampshire · 1990
- Shallow Brook Associates v. DubeSupreme Court of New Hampshire · 1991
4 more not listed; retrieve them via the Exa API.