Claude Neon Federal Co. v. Larkins

CORN, X

This 'appeal involves the validity of a provision in a contract for liquidated damages. The trial court sustained a demurrer to the evidence and rendered judgment for defendants and against the plaintiff. For reversal of said judgment plaintiff brings this appeal. The parties will be referred to herein as plaintiff and defendants, as they appeared in the court below.

The rule as to liqifidated damages is fixed by statute in this state, the statutory provision being as follows:

Section 9489, O. S. 1931:

“Every contract,- by which the amount of damages to be paid, or other compensation to…