Clements v. Schuyl. R.
Supreme Court of Pennsylvania
APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. Nos. 127, 128 July Term 1889, Sup. Ct.; court below, Nos. 89, 88 June Term 1887, C. P. No. 4. CLEMENTS Y. RAILROAD CO. Oil June 8, 1887, Joseph C. Clements and Margaret his wife, brought assumpsit against the Schuylkill River East Side Railroad Company and tbe Union Trust Company, to recover upon tbe penal bond of tbe defendant companies to tbe plaintiffs. Issue.
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APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. Nos. 127, 128 July Term 1889, Sup. Ct.; court below, Nos. 89, 88 June Term 1887, C. P. No. 4. CLEMENTS Y. RAILROAD CO. Oil June 8, 1887, Joseph C. Clements and Margaret his wife, brought assumpsit against the Schuylkill River East Side Railroad Company and tbe Union Trust Company, to recover upon tbe penal bond of tbe defendant companies to tbe plaintiffs. Issue. At tbe trial on May 8, 1889, tbe plaintiffs put in evidence a sealed contract between Joseph D. Ellis, of the one part, and Joseph C. Clements and…
1Opinion of the Court
CLEMENTS V. RAILROAD CO.
Opinion,
Mr. Chief Justice Paxson:
The question whether a sum named in a contract, as a compensation for its breach, is to be regarded as a penalty or as liquidated damages, has been so recently considered and discussed that it is not deemed necessary to review the authorities: Streeper v. Williams, 48 Pa. 450; Mathews v. Sharp, 99 Pa. 560; Moore v. Colt, 127 Pa. 289. The intention of the parties has much to do with it. Yet even that will be controlled where equity demands it. A sum expressly stipulated as liquidated damages will be relieved from if it is obviously to…
2Cases cited3 opinions
- Streeper v. WilliamsSupreme Court of Pennsylvania · 1865
- Mathews v. SharpSupreme Court of Pennsylvania · 1882
- Moore v. ColtSupreme Court of Pennsylvania · 1889
3Cited by5 opinions
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- Burgoon v. JohnsonSupreme Court of Pennsylvania · 1899
- Graver v. Chamis & Galationos, Pennsylvania Court of Common Pleas, Lancaster County1925