Pennypacker v. Jones
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1, of Philadelphia county, to review the judgment entered upon the decision of a referee, appointed by agreement under the provisions of the Act of May 14, 1874: Of January Term, 1884, No. 166. Assumpsit, by William G. Pennypacker & Co., against Jones, Ballard & Ballard, to recover damages for breach of contract in failing to furnish certain machines to plaintiff's according to contract.
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Error to the Court of Common Pleas No. 1, of Philadelphia county, to review the judgment entered upon the decision of a referee, appointed by agreement under the provisions of the Act of May 14, 1874: Of January Term, 1884, No. 166. Assumpsit, by William G. Pennypacker & Co., against Jones, Ballard & Ballard, to recover damages for breach of contract in failing to furnish certain machines to plaintiff's according to contract. Defendants subsequently brought an action against plaintiffs to recover the price of said machines. Both cases were referred to George Tucker Bispham, Esq., as…
1Opinion of the CourtJustice Green
*241We find ourselves unable to agree with the learned referee in this case in holding that there could be no recovery by the plaintiffs for the reason that the damages were liquidated by the contract. The provision of the agreement upon which this conclusion is founded is in the following words: “We further agree that this shall be no experiment, and in proof of same we hereby agree that our machines shall be retained without any price being paid by you in case results are not as promised.”
The machines put up by the defendants having remained with the plaintiffs, the referee held that the…
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