Dopp v. Richards
Utah Supreme Court
Appeal from District Court, First District; Hon. W. W. Maugham., Judge. Action by "William P. D'opp and another against Ralph 0. Richards. Judgment for plaintiffs. Defendant appeals. RESPONDENTS'’ POINTS. To be potential and controlling that a stated sum is liquidated damages, that sum must be fixed as tbe basis of compensation, and substantially limited to it.
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Appeal from District Court, First District; Hon. W. W. Maugham., Judge. Action by "William P. D'opp and another against Ralph 0. Richards. Judgment for plaintiffs. Defendant appeals. RESPONDENTS'’ POINTS. To be potential and controlling that a stated sum is liquidated damages, that sum must be fixed as tbe basis of compensation, and substantially limited to it. (Sutherland on Damáges, pages 478-9-80-1; 3 Parson Oont. 6th Ed. p. 156, Rinard v. Gardner, 31 P’ac. 134; Kelly v. Fejervary, 83 N. W. 791; Western Gas, 0. Go., v. Dowaigaic Gas & F. Go.', 10 Am. & Eng. Ann. Cases 224; Stony Gr. Lumber…
1Opinion of the CourtFrick, J.
Tbis action was commenced by plaintiffs, as vendors, to recover damages against the defendant, as assignee of the vendee, for a breach of contract for the sale of real estate. The material parts of the contract are that on the 14th day of April, 1908, the plaintiffs herein entered into a contract with one C. R. Jepperson, whereby the plaintiffs sold to said Jepperson a certain parcel of land in Cache County, Utah, for the agreed price of $2660, payable as follows: $285 upon the execution of the contract, which amount was duly paid; $315 on or before October 1, 1911; and the remaining $2000,…
2Cases cited9 opinions
- Drew v. PedlarCalifornia Supreme Court · 1891
- Shively v. Semi-Tropic Land & Water Co.California Supreme Court · 1893
- Hogan v. KyleWashington Supreme Court · 1894
- Smith v. NewellSupreme Court of Florida · 1896
- Harmon v. ThompsonCourt of Appeals of Kentucky · 1905
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- Justheim Petroleum Co. v. HammondCourt of Appeals for the Tenth Circuit · 1955
- Malmberg v. BaughUtah Supreme Court · 1923
- Croft v. JensenUtah Supreme Court · 1935
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