Horn v. . Poindexter
Supreme Court of North Carolina
ActioN tried before Cline, J., at August Term, 1918, of YadkiN. The action is to recover on a bond in tbe sum of $800 given by defendant to plaintiff to secure tbe performance of tbe remaining portion of a mail contract sublet to defendant by plaintiff witb tbe assent of tbe Government.
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ActioN tried before Cline, J., at August Term, 1918, of YadkiN. The action is to recover on a bond in tbe sum of $800 given by defendant to plaintiff to secure tbe performance of tbe remaining portion of a mail contract sublet to defendant by plaintiff witb tbe assent of tbe Government. In .plaintiff’s complaint, duly verified, it is alleged: “That plaintiff, in 1916, entered into a contract with the Government to carry the mail from East Bend, N. 0., to Donnaha and back, twelve times a week, for four years, from 1 July, 1916, to 30 June, 1920, and carried same till 1 December, 1917; that…
1Opinion of the CourtHoke, J.
It is recognized that parties may stipulate in their contracts for a sum certain as “liquidated damages” in case of breach, and have such stipulation enforced if that is the true significance of the agreement. Such significance, however, is not controlled by the fact that they have seen fit to designate the same as “liquidated damages,” but the true intent and meaning of the contract must be determined by a proper “consideration of the instrument as a whole, the situation of the parties, the subject-matter of the contract, and all the circumstances surrounding its execution.” 19 A. & E. Enc.,…
2Cases cited5 opinions
- Condon v. KemperSupreme Court of Kansas · 1891
- Disosway v. Edwards.Supreme Court of North Carolina · 1904
- Wheedon v. American Bonding & Trust Co.Supreme Court of North Carolina · 1901
- Burrage v. . CrumpSupreme Court of North Carolina · 1856
- Lindsay v. . AnesleySupreme Court of North Carolina · 1845
3Cited by4 opinions
- Weinstein v. GriffinSupreme Court of North Carolina · 1954
- Reed's Jewelers, Inc. v. Adt Co.Court of Appeals of North Carolina · 1979
- Lange v. Farmers Federation Cooperative, Inc.District Court, W.D. North Carolina · 1966
- First Value Homes, Inc. v. MorseCourt of Appeals of North Carolina · 1987