Manufacturers Casualty Insurance v. Sho-Me Power Corp.

R. JASPER SMITH, District Judge.

This is an action brought by plaintiff as assignee of Boyd Lemley, doing business as Franklin Electric Company, to recover from defendant $19,350, or so much thereof as was not offset by proved damages, withheld by defendant under the provisions of a contract between Lemley and defendant, by which defendant was to retain as liquidated damages the sum of $100 per day for each day Lemley delayed completion of an electric transmission line to be constructed for defendant.

The contract was dated July 14, 1950, and called for the construction of a 69,000 volt…