Lasater v. Western Clay Drainage District

Kjrry, J.,

(after stating the facts). It is insisted by appellants that the clause in the contract providing for the payment of $10 per. day for all the time required for the completion of the contract after the expiration of the three years allowed therefor is a provision for a penalty, and not for liquidated or stipulated damages, and this contention must be sustained. In determining this question, the intention of the parties to the contract is controlling. In 17 C. J. 935, § 34, it is said: ‘ ‘ As a broad general rule, the intention of the parties will control as to whether a provision in…