Stover v. Spielman
Superior Court of Pennsylvania
Appeal, No. 11, March T., 1896, by defendant, from judgment of C. P. Franklin Co., February Term, 1894, No. 148, on verdict for plaintiff. Assumpsit to recover liquidated, damages reserved in the contract for breach of covenants therein.
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Appeal, No. 11, March T., 1896, by defendant, from judgment of C. P. Franklin Co., February Term, 1894, No. 148, on verdict for plaintiff. Assumpsit to recover liquidated, damages reserved in the contract for breach of covenants therein. Verdict for the plaintiff, $928. The facts sufficiently appear from the following portions of the charge of Stewart, P. J.: Gentlemen of the Jury: — The plaintiff by written articles of agreement purchased from the defendant the stock and fixtures of a confectionery and bakery establishment in Greencastle for the sum of $1600. Amongst other things, it was…
1Opinion of the Court
Opinion by
Reeder, J.,
The only question raised by the several assignments of error is whether the amount of $800 mentioned in the agreement between Stover and Spielman is in the nature of a penalty or liquidated damages. The construction of the learned court below of the contract was that the full amount stated in the written contract was to be paid under its terms by the defendant to the plaintiff in case there was any failure by the defendant to keep any of the covenants entered into by him. There was no denial by the defendant that he had broken these covenants, but his contention was that…
2Cases cited8 opinions
- Bagley v. . PeddieNew York Court of Appeals · 1857
- March v. AllaboughSupreme Court of Pennsylvania · 1883
- Williams v. Dakin & BaconCourt for the Trial of Impeachments and Correction of Errors · 1839
- Streeper v. WilliamsSupreme Court of Pennsylvania · 1865
- Kelso v. Reid, Pennsylvania Court of Common Pleas, Beaver County1892
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3Cited by5 opinions
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- Davis v. BuckhamSuperior Court of Pennsylvania · 1980
- Sobers v. Shannon Optical Co., Inc.Supreme Court of Pennsylvania · 1984
- Heller v. First National Bank & Trust Co. of Newtown, Pennsylvania Court of Common Pleas, Bucks County1940
- Loewy v. Husin, Pennsylvania Court of Common Pleas, Lancaster County1922