Suburban Gas Co. v. Mollica

The opinion of the court was delivered by

Porter, J.

Plaintiff sued for breach of contract and recovered the amount due together with liquidated damages as provided for in the contract. It is not disputed that the contract was breached by the defendant. The sole ground argued on appeal is that the trial court erred in awarding liquidated damages, the contention being that the contract should have been construed as providing for a penalty and not for liquidated damages.

The plaintiff is a distributor of liquefied petroleum product commonly known as “bottled gas.” It is delivered to the consumer…