Dalston Construction Corp. v. Wallace

In this case plaintiff sues for the sum of $733.50. Its complaint predicates the action upon a clause in a written contract. Plaintiff contends that it is entitled to 20% of the contract price and counsel fees of 10% of the contract price.

On plaintiff’s case there was a failure of proof as to any actual damage suffered by the plaintiff. Decision was reserved on defendants’ motion to dismiss at the close of the plaintiff’s case on various grounds. For the purpose of this decision the court is considering only the ground, that the clause of the contract is unenforcible because it constitutes a…