Focus on Sports Inc. v. Newsweek Inc.

*352Plaintiff, a photographic stock house, delivered color slide transparencies to defendant in response to photo subject requests submitted by telephone. Each delivery was accompanied by plaintiff’s standard delivery memo, which included a "holding fee” in the nature of a liquidated damage provision stating that the holding of any transparencies beyond 14 days would subject the customer to a fee of $5 per week per color slide. The slides were misplaced by defendant, and were not all returned to plaintiff until more than two years later. Plaintiff brought suit while the slides were still missing,…