Mattes v. Baird

This action was commenced in the district court of Ottawa county on April 30, 1928, by William, T. Baird, as plaintiff, against E. A. Mattes and S. J. Chambers, as defendants, to recover the sum of $1,000 as asserted liquidated damages for alleged breach of contract. In the trial court the defendants urged, among other things, that the contractual provision for the payment of $1,000 in the event of failure on the part of the defendant Mattes to perform certain contractual obligations constituted a penalty as distinguished from liquidated damages, and was therefore void. It was also urged that…