Noyes v. Phillips
New York Court of Appeals
Appeal from judgment of the General Term of the city-court of Brooklyn, affirming a judgment in favor of plaintiffs, entered upon a verdict'. This action was brought for the breach of an agreement between the parties for an exchange of lands, containing this clause: “And the parties to these presents each agree to give a good and sufficient deed for their respective pieces of property, on or about the 1st day of April, 1873, or forfeit the sum of five hundred dollars.”
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Appeal from judgment of the General Term of the city-court of Brooklyn, affirming a judgment in favor of plaintiffs, entered upon a verdict'. This action was brought for the breach of an agreement between the parties for an exchange of lands, containing this clause: “And the parties to these presents each agree to give a good and sufficient deed for their respective pieces of property, on or about the 1st day of April, 1873, or forfeit the sum of five hundred dollars.” Plaintiff proved an offer to perform, and a refusal on the part of defendant. Evidence was given as to the difference in…
1Opinion of the Court
Church, Ch. J.
The parties agreed to exchange real estate upon certain specified terms, and each agreed to deliver a deed of his property at a time specified “ or forfeit the sum of $500.” Upon the first trial the court held this to be a provision for liquidated damages, and the plaintiff had a verdict for $500, which was set aside upon the application of the defendant, upon the ground that the decision was erroneous and that the sum should be deemed a penalty.
The case was retried upon this theory, and resulted in a verdict for the plaintiff of $1,000, against his request and exception that it…
2Cases cited8 opinions
- Cotheal v. . TalmageNew York Court of Appeals · 1854
- Richards v. EdickNew York Supreme Court · 1853
- Williams v. Dakin & BaconCourt for the Trial of Impeachments and Correction of Errors · 1839
- Duffy v. ShockeyIndiana Supreme Court · 1858
- Esmond v. Van BenschotenNew York Supreme Court · 1852
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ball v. ChancellorSupreme Court of New Jersey · 1885