Legal Opinion
Jarro Building Industries Corp. v. Schwartz
Appellate Terms of the Supreme Court of New York
Decided June 28, 1967PublishedCited by 15 opinions
1Opinion of the CourtShapiro, J.
This is an action to recover liquidated damages arising out of an anticipatory breach of a written contract entered into between the parties on March 12, 1966. An agreed statement of facts was stipulated to by the parties.
The fundamental question,presented on this appeal is whether a clause in a contract which provides, inter alia, that appellant shall recover liquidated damages in the amount of 25% of the total agreed contract price in the event of any breach by respondents and which also gives appellant the right “if it sees fit to sue for such actual damages as it may establish ” is…
2Cases cited18 opinions
- Caesar v. . RubinsonNew York Court of Appeals · 1903
- Chaude v. . ShepardNew York Court of Appeals · 1890
- Cotheal v. . TalmageNew York Court of Appeals · 1854
- Gobble v. LinderIllinois Supreme Court · 1875
- Scott v. . MontellsNew York Court of Appeals · 1888
13 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hassett v. Revlon, Inc. (In Re O. P. M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1982
- Southeastern Land Fund, Inc. v. Real Estate World, Inc.Supreme Court of Georgia · 1976
- Grossinger Motorcorp, Inc. v. American National Bank & Trust Co.Appellate Court of Illinois · 1992
- Lefemine v. BaronSupreme Court of Florida · 1991
- Walter E. Heller & Co. v. American Flyers Airline Corp.Court of Appeals for the Second Circuit · 1972
10 more not listed; retrieve them via the Exa API.