Yale Development Co. v. Aurora Pizza Hut, Inc.

This case involves an appeal and cross-appeal from a judgment against defendant, Aurora Pizza Hut, Inc., finding it breached a written contract but limiting plaintiff’s recovery to $1,000 under the terms of a liquidated damage clause. The sole contention of plaintiff, Yale Development Co., on appeal is that the liquidated damages clause should not be enforced and that it should be able to recover compensatory damages in excess of the amount stipulated. Defendant, in its cross-appeal, argues that its termination of the contract did not constitute an anticipatory breach and, in the alternative,…