New Eureka Amusement Co. v. Rosinsky

Opinion by

James, J.,

This is an action of assumpsit brought by the plaintiff corporation, lessee, to recover the sum of $928.50, the balance of a sum of $1,500 deposited by it, as liquidated damages, to secure the faithful performance of the terms of the lease entered into with the defendant, lessor. The amount sued for represented the $1,500 deposit and the amount realized from the constable’s sale, less the rent due for the months of January and February and March, 1934. At the trial, defendant offered no defense but submitted a point for binding instructions. The jury rendered a verdict for…