Moore v. Colt
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE ERIE COUNTY. No. 406 January Term 1889, Sup. Ct.; court below, No. 156 November Term 1885, C. P. On March 24,1886, W. O. Colt declared in covenant against George Moore, surviving R. G. Moore, charging the breach of a contract under seal dated May 1, 1880, whereby George and Robert Moore, trading as Moore Brothers, agreed to sell to William O. Colt their interest and good will in an omnibus business between Waterford and Waterford…
Read the full summary
ERROR TO THE COURT OE COMMON PLEAS OE ERIE COUNTY. No. 406 January Term 1889, Sup. Ct.; court below, No. 156 November Term 1885, C. P. On March 24,1886, W. O. Colt declared in covenant against George Moore, surviving R. G. Moore, charging the breach of a contract under seal dated May 1, 1880, whereby George and Robert Moore, trading as Moore Brothers, agreed to sell to William O. Colt their interest and good will in an omnibus business between Waterford and Waterford station, together with certain property, for the sum of $150, payable in instalments, the contract containing the following…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson :
The defendant below was clearly liable for his breach of the agreement of May 1, 1880. The only question is as to the amount of damages. The jury rendered a verdict against him for $602.42. He now claims that the damages were liquidated by the article of agreement at the sum of $300. The language of said agreement is as follows: “ And each party is hereby held and fjilly bound in the sum of three hundred dollars for the faithful fulfilment of the above contract.” If we interpret this contract by this language, we have the case of a penalty. It is in almost…
2Cases cited2 opinions
- Cushing v. DrewMassachusetts Supreme Judicial Court · 1867
- Streeper v. WilliamsSupreme Court of Pennsylvania · 1865
3Cited by7 opinions
- Keck v. BieberSupreme Court of Pennsylvania · 1892
- Wilkinson v. ColleySupreme Court of Pennsylvania · 1894
- Ellis v. Roberts Et Ux.Superior Court of Pennsylvania · 1929
- Clements v. Schuyl. R.Supreme Court of Pennsylvania · 1890
- J. I. Case Threshing Machine Co. v. FronkSupreme Court of Minnesota · 1908
2 more not listed; retrieve them via the Exa API.