Kinkaid v. Levy
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. W. O. Thomas, Judge. (1) Respondent expressly admitted that the four hundred and fifty dollars named in the contract to he paid by respondent to appellant upon a breach by him was liquidated damages, and waived the question of its being a penalty. (2) In an action to recover liquidated damages provided in a contract it is not necessary in addition to the contract and its breach to allege and prove specific damages.
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Appeal from Jackson Circuit Court. — Hon. W. O. Thomas, Judge. (1) Respondent expressly admitted that the four hundred and fifty dollars named in the contract to he paid by respondent to appellant upon a breach by him was liquidated damages, and waived the question of its being a penalty. (2) In an action to recover liquidated damages provided in a contract it is not necessary in addition to the contract and its breach to allege and prove specific damages. Long v. Furnas, 130 Iowa 504,107 N. W. 432; Spencer-v. Hoop, 51 Ind. 365; 5 Etncy. PI. and Pr., p. 39. (3) A sum duly fixed as liquidated…
1Opinion of the CourtBroaldus, P. J.
This is a suit to recover damages for a breach of contract.
The contract reads as follows: “This agreement, made and entered into this 4th day of April, 1905, by and' between Isaac A. Levy and William Kinkaid, both of Kansas City, Missouri, witnesseth, that for valuable consideration the receipt of which is hereby acknowledged said Levy has this day given said Kinkaid an option, and by these presents does give said Kinkaid an option to purchase from said Levy, and said Levy does by these presents agree to sell and convey to said Kinkaid, if said Kinkaid shall so choose to purchase, all the…
2Cited by3 opinions
- Murphy v. HolliwayMissouri Court of Appeals · 1929
- King v. Kaw-Mo Wholesale Grocer Co.Missouri Court of Appeals · 1915
- Wehmeier v. YontzMissouri Court of Appeals · 1923