Unit Vending Corp. v. Tobin Enterprises, Inc.

Opinion by

Ervin, J.,

These three appeals were taken from the action of the court below in opening two amicably confessed judgments “so that evidence may be offered to ascertain the actual damages suffered by the plaintiff.” As to both judgments the court below said: “Thus the plaintiff may be unjustly enriched by assessing dam*473ages in accordance with the formula contained in the agreement. We believe that this formula cannot be sustained as liquidated damages and is in effect a penalty.”. If the amount of damages assessed is subsequently adjudged unreasonable in the light of either anticipated…