Streeper v. Williams
Supreme Court of Pennsylvania
Certificate from the Supreme Court at Nisi Prius. This was an action of assumpsit, brought by Thomas A. Williams against Daniel Streeper, to recover damages for the nonperformance by defendant of the following agreement:— “Articles of agreement made and entered into this seventh day of February, one thousand eight hundred and sixty-three, between Thomas A. Williams, hotel-keeper, of the one part, and Daniel Streeper, farrier, of the other part, both of the city and county of…
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Certificate from the Supreme Court at Nisi Prius. This was an action of assumpsit, brought by Thomas A. Williams against Daniel Streeper, to recover damages for the nonperformance by defendant of the following agreement:— “Articles of agreement made and entered into this seventh day of February, one thousand eight hundred and sixty-three, between Thomas A. Williams, hotel-keeper, of the one part, and Daniel Streeper, farrier, of the other part, both of the city and county of Philadelphia, state of Pennsylvania, witnesseth, That the said Thomas A. Williams, for the hereinafter mentioned…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
— This case is very defectively stated. We find, in our paper-book, no copy of the bill of exceptions, and no statement of facts. We understand, from the argument, that it was a case of total failure on the part of the defendant, and we infer, from the verdict against the defendant, that the plaintiff must have tendered performance on his part.
Upon these facts, and the terms of the agreement, we must determine whether the stipulated sum is a penalty or liquidated damages. Upon no question have courts doubted and differed more. It is…
2Cases cited3 opinions
- Jaquith v. HudsonMichigan Supreme Court · 1858
- Duffy v. ShockeyIndiana Supreme Court · 1858
- Fitch v. DevlinNew York Supreme Court · 1853
3Cited by24 opinions
- Traylor v. GraftonCourt of Appeals of Maryland · 1975
- Keck v. BieberSupreme Court of Pennsylvania · 1892
- Kraft v. Michael Et Ux.Superior Court of Pennsylvania · 1949
- Commonwealth v. Hartford Accident & Indemnity Co.Commonwealth Court of Pennsylvania · 1979
- Emery v. BoyleSupreme Court of Pennsylvania · 1901
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