Lampman v. . Cochran
New York Court of Appeals
Appeal from the Supreme Court. The complaint demanded. $500 as liquidated damages upon a contract by which the plaintiff covenanted to convey to the defendant his farm on or before the 15th day of December, 1851, provided the defendant should pay the said plaintiff, ‘6 on or before the 15th of December, 1851, three thousand and one hundred dollars, in the following payments, viz.: five hundred dollars on or before the 15th of December, 1851; the second payment, by note, two…
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Appeal from the Supreme Court. The complaint demanded. $500 as liquidated damages upon a contract by which the plaintiff covenanted to convey to the defendant his farm on or before the 15th day of December, 1851, provided the defendant should pay the said plaintiff, ‘6 on or before the 15th of December, 1851, three thousand and one hundred dollars, in the following payments, viz.: five hundred dollars on or before the 15th of December, 1851; the second payment, by note, two hundred dollars, due on or before the first of April, 1852; third payment, three hundred dollars, bearing interest after…
1Opinion of the Court
According to the just rules of construction, the sum of $500 was intended as liquidated damages for a total and entire non-performance of all the stipulations of the contract, on either side; and a total or partial breach of either of the stipulations, on the part of the defendant, is not within the intendment of that clause. The agreement does not say that a breach of each or either of the stipulations shall be visited with $500 liquidated damages, as it should have done if such had been the intention of the parties. The defendant proved he had paid the plaintiff $100 on the contract prior…
2Cited by35 opinions
- Seidlitz v. . AuerbachNew York Court of Appeals · 1920
- Ward v. Hudson River Building Co.New York Court of Appeals · 1891
- Clement v. . CashNew York Court of Appeals · 1860
- Condon v. KemperSupreme Court of Kansas · 1891
- Morse v. RathburnSupreme Court of Missouri · 1868
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