Dwinel v. Brown
Supreme Judicial Court of Maine
On Beport. Assumpsit for the recovery of liquidated damages arising from the non-performance of the defendant’s agreement to put teams upon the plaintiff’s land and carry on a lumbering operation thereon, and pay an agreed amount for stumpage.
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On Beport. Assumpsit for the recovery of liquidated damages arising from the non-performance of the defendant’s agreement to put teams upon the plaintiff’s land and carry on a lumbering operation thereon, and pay an agreed amount for stumpage. The writ is dated Jan. 6, 1865. The plaintiff introduced the permit or contract signed by the parties, dated Oct. 10, 1860. The concluding clause of the permit is as follows : — "And the said grantee hereby agrees with the said grantor to go upon the premises with the said three or more teams well manned and furnished, in due and proper season, and cut…
1Opinion of the Court
DrciíERSON, J.
In the event of his failure to "do and perform each and every condition, and stipulation” in a certain license, and agreement for carrying on a lumbering operation upon the plaintiff’s land, the defendant bound himself to the plaintiff, " in the full and liquidated sum of one thousand dollars, over and above the actual damage” which the plaintiff might sustain in consequence of such non-performance ; and the plaintiff brings this action to recover said sum, as liquidated damages, for the breach of the contract by the defendant.
The question presented for our determination, is…
2Cases cited2 opinions
- Bagley v. . PeddieNew York Court of Appeals · 1857
- Clement v. . CashNew York Court of Appeals · 1860
3Cited by13 opinions
- Guiliano v. Cleo, Inc.Tennessee Supreme Court · 1999
- Interstate Industrial Uniform Rental Service, Inc. v. Couri Pontiac, Inc.Supreme Judicial Court of Maine · 1976
- Watson v. IngramWashington Supreme Court · 1994
- Hull v. AngusOregon Supreme Court · 1911
- Reichenbach v. SageWashington Supreme Court · 1896
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