O'Brien v. Illinois Surety Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Northern District of Ohio; William E. Day, Judge. Action by P. C. O’Brien against the Illinois Surety Company. Judgment for defendant, and plaintiff brings error. O’Brien, as owner, leased to one Nolan, for 97 years from January 1, 1907, a vacant business lot in Cleveland.
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In Error to the Circuit Court of the United States for the Northern District of Ohio; William E. Day, Judge. Action by P. C. O’Brien against the Illinois Surety Company. Judgment for defendant, and plaintiff brings error. O’Brien, as owner, leased to one Nolan, for 97 years from January 1, 1907, a vacant business lot in Cleveland. The agreed rent was 83,600 for the first two years, and thereafter 82,000 per year, all payments to be made quarterly in advance, and the lessee was also to pay all taxes imposed. Nolan also agreed to erect on the premises, within the first year, “a brick building,…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] 1. The court below properly held against plaintiff’s theory that he was entitled to recover' the sum named in the bond as liquidated damages. To meet the well-established principle that the penalty cannot be considered as a sum agreed upon for liquidated damages, when it appears that it was to secure the performance of each of several different conditions of varying degrees of importance and involving varying amounts of injury to the obligee (Bignall v. Gould, 119 U. S. 495, 7 Sup. Ct. 294, 30 L. Ed. 491; Lansing v. Dodd, 45 N. J. Law, 526), the…
2Cases cited9 opinions
- Anvil Mining Co. v. HumbleSupreme Court of the United States · 1894
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- Cooper v. RandallIllinois Supreme Court · 1871
- Chamberlain v. . ParkerNew York Court of Appeals · 1871
- Hayes v. City of NashvilleCourt of Appeals for the Sixth Circuit · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- McLain v. SmithSupreme Court of Iowa · 1925
- Burns Trading Co. v. WelbornCourt of Appeals for the Tenth Circuit · 1936
- Board of Commerce v. Security Trust Co.Court of Appeals for the Sixth Circuit · 1915
- Illinois Surety Co. v. O'BrienCourt of Appeals for the Sixth Circuit · 1915
- Sylvester Watts Smyth Realty Co. v. American Surety Co.Supreme Court of Missouri · 1922
10 more not listed; retrieve them via the Exa API.