Graver v. Chamis & Galationos

Hassler, J.,

In this action the plaintiff seeks to recover an amount mentioned in an agreement for the sale of real estate, to be paid upon its breach by either of the parties. The trial resulted in a verdict for the plaintiff, and we are now asked to enter judgment n. o. v. or to grant a new trial.

At the trial, the defendants offered two defences, the first of which was that the amount mentioned in the agreement of sale was a penalty and not liquidated damages, and the second that the contract was broken by the plaintiff and not by the defendants. We were not entirely satisfied that the…