Muldoon v. Lynch
California Supreme Court
Appeal from a judgment of the Superior Court of thecity and county of San Francisco,.and from an order refusing a new trial. Action to enforce a contract. The facts are sufficiently stated in the opinion of the court.
1Opinion of the CourtMyrick, J.
The question involved in this appeal is, whether a sum named in a contract as a forfeiture is to be regarded as liquidated damages or as a penalty.
The plaintiffs and defendant executed a written contract, by which the plaintiffs were to furnish and complete certain improvements on the cemetery lot of defendant in a cemetery in San Francisco, viz : grading, brick-work, stone-work, monument, sarcophagus, etc., in which lot the remains of defendant’s deceased husband had been interred. The monument was to be of the best article of hard Ravaccioni Italian marble. The amount to be paid for the…
2Cases cited2 opinions
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3Cited by13 opinions
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- Bisno v. SaxCalifornia Court of Appeal · 1959
- County of San Diego v. MilotzCalifornia Supreme Court · 1956
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