Loose v. Cooper

Evans, J. —

On November 23, 1901, plaintiff and defendant entered into a written contract whereby the defend*378ant agreed to sell to the plaintiff certain stock in the Fidelity Insurance Company for an • agreed price of $11,250, to be paid, with 5 percent interest, at the rate of $125 per month. Other provisions were contained in the contract which need not be noticed here. The contract provided for liquidated damages in the sum of $21,750. The plaintiff has brought this action for such liquidated damages. The defendant has filed a counterclaim for $20,550 as damages for breach of contract. The…