Legal Opinion

Cimarron Land Co. v. Barton

Supreme Court of Kansas

Decided January 15, 1893PublishedCited by 5 opinions

Error from Gray District Court. On the 6th day of August, 1888, Mrs. Belle Barton commenced her action against the Cimarron Land Company to recover the sum of $5,000 upon the following written bond: “ Know all men by these presents, that the Cimarron Land Company, a corporation duly organized under the laws of the state of Kansas, acknowledges that the said Cimarron Land Company is indebted to Mrs. Belle Barton, of the town of Cimarron, Kas., in the sum of $5,000, the…

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Error from Gray District Court. On the 6th day of August, 1888, Mrs. Belle Barton commenced her action against the Cimarron Land Company to recover the sum of $5,000 upon the following written bond: “ Know all men by these presents, that the Cimarron Land Company, a corporation duly organized under the laws of the state of Kansas, acknowledges that the said Cimarron Land Company is indebted to Mrs. Belle Barton, of the town of Cimarron, Kas., in the sum of $5,000, the payment of which we bind said corporation to well and truly pay as hereinafter provided. H. H. Unland, Vice President.…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The trial court rendered judgment in favor of Mrs. Belle Barton, the plaintiff below, and against *557the Cimarron Land Company, for the sum of $5,000, without any evidence showing or tending to show the actual damages which Mrs. Barton sustained from the breach of the written bond or contract sued upon. The bond or contract is clearly a penal one, and the $5,000 cannot be considered as liquidated damages. The recovery upon the bond must be limited to the actual damages sustained. (Heatwole v. Gorrell, 35 Kas. 692; Condon v. Kemper, 47 id.…

2Cases cited1 opinion

  1. Heatwole v. GorrellSupreme Court of Kansas · 1886

3Cited by5 opinions

  1. White Lakes Shopping Center, Inc. v. Jefferson Standard Life InsuranceSupreme Court of Kansas · 1971
  2. Gregory v. NelsonSupreme Court of Kansas · 1938
  3. Kuter v. State BankSupreme Court of Kansas · 1915
  4. Haffke v. CoffinNebraska Supreme Court · 1911
  5. Cunningham v. HillSupreme Court of Kansas · 1909

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