Durand v. Cohen

“If the intention of the parties, proved by competent evidence, was that the amount of the bond was liquidated damages, it was liquidated damages; if they intended it to be a penalty, it was a penalty. The bond, and other contemporaneous writings of the parties, parts of the same transaction, and relating to the-same subject matter, are the evidence of their intention.” Doe, C. J., in Houghton v. Pattee, 58 N. H. 326. See also, Morrill v. Weeks, 70 N. H. 178; Clark v. Britton, 76 N. H. 64, and cases cited. The finding of the municipal court is clear that it was not the intention of the…