Port Huron MacHinery Co. v. Wohlers

De Graff, J. —

This case involves an alleged contract containing a stipulation for liquidated damages. If a contract did result, there can be no question that the plaintiff is entitled to recover, since the terms of the 7 aueged contract clearly fix the amount recover able by plaintiff in case of a breach. See Pace v. Zellmer, 194 Iowa 516.

This appeal presents bnt one question. It is a question of law, and calls for the statement of the applicable legal principle. But, like every other case, the governing principle arises out of a fact situation. It is said in Steffes v. Hale, 204 Iowa 226:

“It…