Brennan v. Clark
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Doane, J. The sum fixed was a penalty (1) because the damages could be easily ascertained (1 Sutherland, Damages, 508 ; 2 Greenleaf, Ev. [14th Ed.], 267; Wilous v. Kling, 87 111., 107; Noyes v. Phillips, 60 N. Y., 408; Duttaghan v. Fitch, 42 Wis., 679; Watts v. Camors, 115 U. S., 353; Lansing v. Dodd, 45 N. J. L., 525 ; Shreve v. Brereton, 51 Pa.
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Error to the district court for Douglas county. Tried below before Doane, J. The sum fixed was a penalty (1) because the damages could be easily ascertained (1 Sutherland, Damages, 508 ; 2 Greenleaf, Ev. [14th Ed.], 267; Wilous v. Kling, 87 111., 107; Noyes v. Phillips, 60 N. Y., 408; Duttaghan v. Fitch, 42 Wis., 679; Watts v. Camors, 115 U. S., 353; Lansing v. Dodd, 45 N. J. L., 525 ; Shreve v. Brereton, 51 Pa. St., 175; Farrar v. Beeman, 63 Tex., 175; Scofield v. Tompkins, 95 111., 190; Savannah & C. B. Co. v. Callahan, 56 Ga., 331); (2) because the agreement consisted of several parts —…
1Opinion of the CourtMaxwell, J.
This action was brought in the district court of Douglas county by the defendant in error against the plaintiffs in error as sureties on a bond given by J. N. Bennett and Chas. R. Boch’me as contractors for the erection of certain buildings in the city of Omaha.
On the trial of the cause the jury returned a verdict in favor of the defendant in error for the sum of $3,141, upon which judgment was rendered.
It is alleged in the petition that in the fall of 1886, Bennett & Boehme entered into a contract with Clark to erect for him “a block of four brick buildings on land owned by him, known as…
2Cases cited20 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Jaquith v. HudsonMichigan Supreme Court · 1858
- Paine v. . JonesNew York Court of Appeals · 1879
- Simonson v. GrantSupreme Court of Minnesota · 1887
- Clement v. . CashNew York Court of Appeals · 1860
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3Cited by16 opinions
- Doll v. CrumeNebraska Supreme Court · 1894
- Abel v. ConoverNebraska Supreme Court · 1960
- School Dist. No. 65R v. Universal Surety Co., LincolnNebraska Supreme Court · 1965
- Wehrung v. DenhamOregon Supreme Court · 1903
- Gillilan v. RollinsNebraska Supreme Court · 1894
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