Leary v. Laflin
Massachusetts Supreme Judicial Court
Contract, begun March 14, 1868, on a bond of Laflin, with two sureties, dated July 1,1866, for the payment of $1000 to the plaintiff, on the following condition : “Whereas the said Leary has this day leased to the said Laflin a certain stable, building and land on Northampton Street in said Boston, reference being had to said lease of same date with these presents; Now, if the said Laflin, or his assigns or subtenants, for and during the term of said lease shall carry on the…
Read the full summary
Contract, begun March 14, 1868, on a bond of Laflin, with two sureties, dated July 1,1866, for the payment of $1000 to the plaintiff, on the following condition : “Whereas the said Leary has this day leased to the said Laflin a certain stable, building and land on Northampton Street in said Boston, reference being had to said lease of same date with these presents; Now, if the said Laflin, or his assigns or subtenants, for and during the term of said lease shall carry on the boarding and livery stable business at said demised premises, in the same manner and extent, and in as good, safe,…
1Opinion of the CourtColt, J.
It is the duty of courts to enforce the lawful contracts of competent parties, fairly made upon good consideration ; and when in such contracts the parties have agreed to liquidate the damages resulting from a breach, the jury are bound to find the amount agreed.
Whether in any particular instance the sum named is to be regarded as a penalty, or as liquidated damages, will depend upon the intent of the parties, as gathered from the terms of the whole contract, applied to the subject matter. The mere use of the words “ liquidated damages ” is not decisive. In applying the rules of…
2Cases cited1 opinion
- Cushing v. DrewMassachusetts Supreme Judicial Court · 1867
3Cited by11 opinions
- Jones v. StevensOhio Supreme Court · 1925
- Guerin v. StacyMassachusetts Supreme Judicial Court · 1900
- Factory Realty Corp. v. Corbin-Holmes Shoe Co.Massachusetts Supreme Judicial Court · 1942
- Morrison v. RichardsonMassachusetts Supreme Judicial Court · 1907
- Bennett v. HarmsWisconsin Supreme Court · 1881
6 more not listed; retrieve them via the Exa API.