Legal Opinion
Fortune Bridge Co. v. Department of Transportation
Supreme Court of Georgia
Decided October 18, 1978No. 33653PublishedCited by 25 opinions
1Opinion of the Court
Marshall, Justice.
We granted certiorari in this case because of an apparent conflict with the decision of this court in Southeastern Land Fund, Inc. v. Real Estate World, Inc., 237 Ga. 227 (227 SE2d 340) (1976). The common question for decision is whether the contract in each case is subject to the interpretation that the nonbreaching party has *532retained the right to sue for actual damages, as well as liquidated damages, thereby rendering the purported liquidated-damage provision void as a penalty.
The contract under consideration in Southeastern Land Fund, Inc., supra, was a real estate sales…
2Cases cited6 opinions
- Priebe & Sons, Inc. v. United StatesSupreme Court of the United States · 1947
- Southeastern Land Fund, Inc. v. Real Estate World, Inc.Supreme Court of Georgia · 1976
- Dave Gustafson & Co. v. StateSouth Dakota Supreme Court · 1968
- Mayor of the City of Brunswick v. Ætna Indemnity Co.Court of Appeals of Georgia · 1908
- Maryland Dredging & Contracting Co. v. United StatesSupreme Court of the United States · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Boone Coleman Construction, Inc. v. Village of PiketonOhio Supreme Court · 2016
- Daniels v. JohnsonCourt of Appeals of Georgia · 1989
- Wehunt v. ITT Business Communications Corp.Court of Appeals of Georgia · 1987
- Caincare, Inc. v. EllisonCourt of Appeals of Georgia · 2005
- Thorne v. Lee Timber Products, Inc.Court of Appeals of Georgia · 1981
20 more not listed; retrieve them via the Exa API.