Dick v. Heisler

Two assignments of error are relied upon by the defendants for a reversal of the judgment on this appeal:(1) It is claimed that the damages stipulated in the agreement constitute a penalty and that, the plaintiffs having merely introduced the agreement and evidence of the breach thereof, no damages in excess of nominal damages can be recovered. The issue under this assignment of error, therefore, involves a construction of the agreement of exchange, and particularly the paragraph above set forth referring to liquidated damages. Specifically stated, it is the contention of defendants’ counsel…