Jones v. Stevens

This was an action upon breach of a contract to recover in the following respects: (1) $5,000 for liquidated damages. (2) $325 balance due for February rent. (3) $166.67 for use of restaurant and equipment. (4) $211.39 for broken equipment.

The plaintiff in error at the trial waived the claim of $211.39 for breakage, and the defendant in error admitted the items of $325 for the balance of the February rent, and $166.67 for the use of equipment, so that the only question unsolved becomes that of the $5,000 item, the paramount ques tion being whether the $5,000 item provided for in the contract…