Amalgamated Meat Cutters & Butcher Workmen, Local Union No. 73 v. Smith

The principal contention of appellants is that the stipulation to settle for $1,000, but if this sum were not paid, judgment to be entered for $6,203, is a contract for a penalty and unenforceable; that it makes no difference that this contract was a stipulation in an action or that the contract was cast in alternative form. In this connection see Berrinkott v. Traphagen, 39 Wis. 219; Minn Billiard Co. v. Schwab, 179 Wis. 129, 190 N. W. 836; State ex rel. Southern C. Co. v. Circuit Court, 187 Wis. 1, 203 N. W. 923. We think that the question proposed by this contention does not represent the…