Hamaker v. Schroers
Supreme Court of Missouri
Appeal from Buchanan Court of Common Pleas. I. At the time the contract was made the parties could make no exact computation of the damages resulting from non-performance. Hence they had the right to liquidate their damages. (S Pars.
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Appeal from Buchanan Court of Common Pleas. I. At the time the contract was made the parties could make no exact computation of the damages resulting from non-performance. Hence they had the right to liquidate their damages. (S Pars. Cont. 159; 17 Ind. 12.) H. The contract contained but a single c’ovenant, as is evident from the fact that it would be entirely performed by the delivery to plaintiff of the 100 machines (21 N. Y. 256; 2 Allen, 460), and that one covenant was entirely broken. In such cases the amount specified is recoverable as liquidated damages. (19 Barb. 388 ; 48 Penn. 450 ; 6…
1Opinion of the CourtWagner, Judge
The court properly declared the law in reference to the character of the bond, and held that the damages therein provided for were not in the nature of liquidated or stated damages. Where the parties have agreed that in case one of them shall do a stipulated act, or omit to do it, the other party shall receive a certain sum as the just, appropriate and conventional amount of damages sustained by such act or omission, courts will not interfere to grant relief, but will deem the parties entitled to fix their own measure of damages, provided that the damages do not assume the character of gross…
2Cases cited1 opinion
- Morse v. RathburnSupreme Court of Missouri · 1868
3Cited by7 opinions
- Thompson v. St. Charles CountySupreme Court of Missouri · 1910
- Lone Star Salt Co. v. Texas Short Line Railway Co.Texas Supreme Court · 1906
- Parlin & Orendorff Co. v. BoatmanMissouri Court of Appeals · 1900
- Heatwole v. GorrellSupreme Court of Kansas · 1886
- Chicago House-Wrecking Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1901
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