Allison v. Dunwody
Supreme Court of Georgia
Complaint. 'Before Judge Sweat. Glynn superior court. May term, 1896. Allison, as transferee of the Brunswick Company, "brought three like suits. Defendants filed demurrers which were sustained, 'an'd Allison excepted.
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Complaint. 'Before Judge Sweat. Glynn superior court. May term, 1896. Allison, as transferee of the Brunswick Company, "brought three like suits. Defendants filed demurrers which were sustained, 'an'd Allison excepted. The petition in one of the cases alleged: November 1, 1889, the Brunswick 'Company, a corporation, negotiated with Dunwody for the sale and finally sold him certain real estate described, in the city of Brunswick, for the price of $1,44-0 to be paid by him to it, $480 cash and $960 within one year from November 6, 1889, with interest; and the $480 cash, yréus duly paid by…
1Opinion of the Court
Beck, Judge.
The official report states the facts. The main question in this -case is, whether the sum specified in the con*55tract, which is the basis of the plainitifPs action, is a mere penalty or was in.ten.dod as compensation — “liquidated damages,” to use the language -of the parties. Considering the entire contract, the unilateral instrument executed by the assignor of plaintiff together with the acceptance by defendant, we. unhesitatingly hold the sum specified to be stipulated or liquidated damages. Section 3794 of the Civil Code provides that, “If the parties agree, in their contract,…
2Cases cited4 opinions
- Goodman v. HendersonSupreme Court of Georgia · 1877
- Sanders & Ables v. CarterSupreme Court of Georgia · 1893
- Sims v. CoxSupreme Court of Georgia · 1869
- Administrators of Jennings v. ChandlerWisconsin Supreme Court · 1859
3Cited by14 opinions
- Armstrong v. IrwinArizona Supreme Court · 1923
- Florence Wagon Works v. SalmonCourt of Appeals of Georgia · 1910
- Martin v. LottSupreme Court of Georgia · 1916
- Hughes v. HollidaySupreme Court of Georgia · 1919
- Bernhardt v. Federal Terra Cotta Co.Court of Appeals of Georgia · 1919
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