McWilliams v. Stackhouse

Plaintiff claims damages ex contractu from defendant under an agreement forming part of a certain written offer, made by defendant, for the purchase of real estate from a third party. The perti*254nent clause in the agreement reads as follows:

“In case I fail to comply with'above offer, if accepted, I agree to pay all the loss and damage the said R. McWilliams may sustain by my failure to comply with my agreement and also attorney’s fees which the said R. McWilliams may incur in suit to recover said loss and damage.”

The facts in this case conclusively establish that defendant did refuse to comply…