Legal Opinion
Smith v. Royal Manufacturing Co.
California Court of Appeal
Decided October 17, 1960No. Civ. 18915PublishedCited by 19 opinions
1Opinion of the Court
McGOLDRICK, J. pro tem. *
This is an appeal by defendants, as garnishees, from a judgment holding that a liquidated damages provision in a contract between Royal Manufacturing Company, defendant and appellant herein, and one A. R. Montgomery, the judgment debtor of plaintiff and respondent herein, was void, and that money retained under said liquidated damages provision was a debt owing to A. R. Montgomery.
On April 23, 1953, A. R. Montgomery entered into a contract with appellants for the purchase of 100 coffee vending machines at a price of $300 per machine. The contract was for a period of…
2Cases cited32 opinions
- Berniker v. BernikerCalifornia Supreme Court · 1947
- Automotriz Del Golfo De California v. ResnickCalifornia Supreme Court · 1957
- Better Food Markets, Inc. v. American District Telegraph Co.California Supreme Court · 1953
- Kennedy v. IsenbergCalifornia Court of Appeal · 1944
- Gold Mining & Water Co. v. SwinertonCalifornia Supreme Court · 1943
27 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Wise v. Southern Pacific Co.California Court of Appeal · 1963
- Kraus v. Willow Park Public Golf CourseCalifornia Court of Appeal · 1977
- Caplan v. SchroederCalifornia Supreme Court · 1961
- Hennefer v. ButcherCalifornia Court of Appeal · 1986
- Slayton v. WrightCalifornia Court of Appeal · 1969
14 more not listed; retrieve them via the Exa API.