Southern Plow Co. v. Dunlap Hardware Co.
Court of Appeals of Texas
Appeal from Dallas County Court; W. N. Coombes, Judge. Suit by the Southern Plow Company against the Dunlap Hardware Company. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtHamilton, J.
This suit was filed by appellant to recover damages from appellee for breach of a written contract of sale. The basis of recovery is a clause in the contract which expressly provides that, if the buyer fails to perform the contract, he shall pay the seller 20 per cent, of the net amount of the sale “as agreed or liquidated damages.” The contract also contains a provision for 8 per cent, interest and 10 per cent, attorney’s fees. Appellant* sought judgment for $537.31 and also for 8 per cent, of this amount as interest and 10 per cent, of it as attorney’s fees. The contract which was made the…
2Cases cited1 opinion
- Collier v. BettertonTexas Supreme Court · 1895
3Cited by12 opinions
- Phillips v. PhillipsTexas Supreme Court · 1992
- Zucht v. Stewart Title Guaranty Co.Court of Appeals of Texas · 1947
- White v. Beaumont Implement Co.Court of Appeals of Texas · 1929
- Johnson Engineers, Inc. v. Tri-Water Supply Corp.Court of Appeals of Texas · 1979
- Schramm v. HochCourt of Appeals of Texas · 1922
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