Banta v. Stamford Motor Co.
Supreme Court of Connecticut
Action to recover damages for breach of contract to build and deliver a gasoline cruiser at a prescribed date, brought to and tried by the Superior Court in Fairfield County, Bennett,./.; facts found and judgment rendered for the plaintiff for $1,210, and appeal by the defendant.
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Action to recover damages for breach of contract to build and deliver a gasoline cruiser at a prescribed date, brought to and tried by the Superior Court in Fairfield County, Bennett,./.; facts found and judgment rendered for the plaintiff for $1,210, and appeal by the defendant. On June 1st, 1911, the defendant contracted with the plaintiff to build for him a gasoline power yacht for the purchase price, exclusive of machinery and equipment, of $5,500, the same to be paid in instalments as the work of construction progressed. In the contract the defendant agreed to have the yacht complete and…
1Opinion of the CourtPrentice, C. J.
The plaintiff sues to recover, as liquidated damages, the total of per diem sums stipulated in a contract for the construction of a pleasure boat to be paid by the defendant, the builder, in the event of delay in its completion as provided in the contract. The defendant contends that these sums, being in the nature of a penalty, and not, as the plaintiff asserts, of liquidated damages, are mot recoverable. The defendant, by its contract with the plaintiff, agreed to pay these sums in the event named. It must abide by its bargain in this particular unless its undertaking was one which the law…
2Cases cited5 opinions
- United States v. Bethlehem Steel Co.Supreme Court of the United States · 1907
- Cook v. Packard Motor Car Co.Supreme Court of Connecticut · 1914
- City of New Britain v. New Britain Telephone Co.Supreme Court of Connecticut · 1902
- Dean v. Connecticut Tobacco CorporationSupreme Court of Connecticut · 1914
- Associated Hat Manufacturers v. Baird-Unteidt Co.Supreme Court of Connecticut · 1914
3Cited by19 opinions
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- Brooklyn Eastern District Terminal v. United StatesSupreme Court of the United States · 1932
- Meyers v. BradfordCalifornia Court of Appeal · 1921
- Norwalk Door Closer Co. v. Eagle Lock & Screw Co.Supreme Court of Connecticut · 1966
- Hanlon Drydock & Shipbuilding Co. v. G. W. McNear, Inc.California Court of Appeal · 1924
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