Wilhelm v. Eaves
Oregon Supreme Court
Defendants appeal. This is an action to recover damages for a breach of the following agreement between plaintiff and defendants: “This agreement, made the fourteenth day of August, in the year of our Lord one thousand eight hundred and ninety, between David W. Eaves and A. M. Plato, doing business as Eaves & Plato of the Metropolitan market, parties of the first part, and Peter Wilhelm, the party of the second part, witnesseth: That the said parties of the first part, in…
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Defendants appeal. This is an action to recover damages for a breach of the following agreement between plaintiff and defendants: “This agreement, made the fourteenth day of August, in the year of our Lord one thousand eight hundred and ninety, between David W. Eaves and A. M. Plato, doing business as Eaves & Plato of the Metropolitan market, parties of the first part, and Peter Wilhelm, the party of the second part, witnesseth: That the said parties of the first part, in consideration of the covenants, promises and agreements on the part of the said party of the second part hereinafter…
1Opinion of the CourtBeaN, J.
The decision of the question, as to whether a given sum provided in a contract to be paid on a breach thereof shall be considered as liquidated damages or a penalty, is often inherently difficult, and there is much apparent conflict in the adjudged cases. The words liquidated damages are not at all conclusive as to the character of the stipulation. Compensation for breach of a contract is always desirable, and the courts are not bound by the language used by the parties, and if the construction is at all doubtful, the tendency of the courts is in favor of the interpretation which makes the…
2Cases cited8 opinions
- Jaquith v. HudsonMichigan Supreme Court · 1858
- Lyman v. BabcockWisconsin Supreme Court · 1876
- Lampman v. . CochranNew York Court of Appeals · 1857
- Daily v. LitchfieldMichigan Supreme Court · 1862
- Cushing v. DrewMassachusetts Supreme Judicial Court · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hull v. AngusOregon Supreme Court · 1911
- Krausse v. GreenfieldOregon Supreme Court · 1912
- Mayor of the City of Brunswick v. Ætna Indemnity Co.Court of Appeals of Georgia · 1908
- Alvord v. BanfieldOregon Supreme Court · 1917
- Merica v. BurgetIndiana Court of Appeals · 1905
10 more not listed; retrieve them via the Exa API.