Simon v. South End Cleaners & Dyers, Inc.

Plaintiff, bringing suit to recover liquidated damages for a breach of a written contract, had judgment for $500 upon an instructed verdict. Defendant appeals.

The breach of the contract is conceded by defendant, and the contract provided that in this event it should pay the sum of $500 as liquidated damages. The defense is that the contract was for a loan from plaintiff to defendant at 6 per cent per annum and the defendant was also to perform other conditions, which amounted to an agreement to pay a usurious rate of interest.

Even if the contract was usurious, this would not avail the…