Condon v. Kemper
Supreme Court of Kansas
Error from, Labette District Court. This was an action brought in the district court of Labette county by L. H. Kemper against C. M. Condon, to recover $500 as liquidated damages for the alleged breach of the following written contract, to wit: • “This agreement, between L. H. Kemper and C. M. Con-don, witnesseth: That whereas, t.he said Kemper has sold to said Condon lot 7, block 38, in Oswego, Kas., said Condon, as a part of the consideration therefor, agrees to erect…
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Error from, Labette District Court. This was an action brought in the district court of Labette county by L. H. Kemper against C. M. Condon, to recover $500 as liquidated damages for the alleged breach of the following written contract, to wit: • “This agreement, between L. H. Kemper and C. M. Con-don, witnesseth: That whereas, t.he said Kemper has sold to said Condon lot 7, block 38, in Oswego, Kas., said Condon, as a part of the consideration therefor, agrees to erect thereon a two-story stone or brick building, not less than 100 feet deep, within six months, and to give use of the north…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The substantial question involved in this controversy is, whether the plaintiff below, L. H. Kemper, may recover from the defendant below, C. M. Condon, the sum of $500 as agreed and liquidated damages, or whether he can recover only the amount of his actual loss or damage resulting from the breach of the contract sued on, which amount, according to the facts of the case as presented to us, cannot exceed $100. The contract upon which Kemper seeks to recover contains the following among other stipulations:
“ It is mutually agreed between…
2Cases cited17 opinions
- Myer v. HartMichigan Supreme Court · 1879
- Lampman v. . CochranNew York Court of Appeals · 1857
- Davis v. FreemanMichigan Supreme Court · 1862
- Carter v. StromSupreme Court of Minnesota · 1889
- Basye v. AmbroseSupreme Court of Missouri · 1859
12 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Evans v. MoseleySupreme Court of Kansas · 1911
- Willson v. Mayor of BaltimoreCourt of Appeals of Maryland · 1896
- Ethel v. First Savings & Trust Co.Supreme Court of Florida · 1932
- Beck v. MegliSupreme Court of Kansas · 1941
- Unified School District No. 315 v. DeWerffCourt of Appeals of Kansas · 1981
23 more not listed; retrieve them via the Exa API.