May v. Crawford
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) By the.language used in the contract with' reference to the damages which should be paid for a breach of this stipulation as to the character of the advertising, the parties intended, in the event of a wholesale breach of the agreement, such as the defendants have committed, to liquidate the damages which should be paid, and to relieve the plaintiff from the necessity of proving actual damages.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) By the.language used in the contract with' reference to the damages which should be paid for a breach of this stipulation as to the character of the advertising, the parties intended, in the event of a wholesale breach of the agreement, such as the defendants have committed, to liquidate the damages which should be paid, and to relieve the plaintiff from the necessity of proving actual damages. The parties have used language from which the conclusion is unavoidable that they did not intend a penalty but intended…
1Opinion of the CourtBarclav, P. J.
This action was brought to recover $5,000 damages for alleged breach of a contract. The plaintiffs are the firm of D. May & Company who carry on the mercantile establishment in St. Louis, generally known by the name of “Famous.” The defendants, D. Crawford & Company, have a large department store on the same street as plaintiffs and nearly opposite to plaintiffs’ store.
In January, 1894, both of the firms were operating these large stores when the contract in suit was made between them for the purposes expressed in it. The price which defendants paid for the goods they acquired under the…
2Cited by12 opinions
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