Keck v. Bieber
Supreme Court of Pennsylvania
Appeal, No. 162, Jan. T., 1892, by defendant, Sylvester Beiber, from judgment of C. P. Lehigh Co., April T., 1890, No. 8, on verdict for plaintiff, Emeline C. Keek.
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Appeal, No. 162, Jan. T., 1892, by defendant, Sylvester Beiber, from judgment of C. P. Lehigh Co., April T., 1890, No. 8, on verdict for plaintiff, Emeline C. Keek. Assumpsit on bond of indemnity for $2,000. The bond recited that Martin Kemerer had granted a lease to the plaintiff for mining ore on certain land, which lease was a duplicate and continuation of a similar lease to William Keck; that William Keck granted to Charles Neiser certain mining rights under said lease; and that defendant had taken an assignment of said lease and plaintiff, at his request, had terminated the right of said…
1Opinion of the Court
Opinion be
Me. Justice Mitchell,
The general principle upon which the law awards damages is compensation for the loss suffered. The amount may be fixed by the parties in advance, but where a lump sum is named by them the court will always look into the question whether this is really liquidated damages or only a penalty, the presumption being that it is the latter. The name by which it is called is but of slight weight, the controlling elements being the intent of the parties, and the special circumstances of the case. The subject has always presented difficulties in the formulation of a…
2Cases cited5 opinions
- March v. AllaboughSupreme Court of Pennsylvania · 1883
- Streeper v. WilliamsSupreme Court of Pennsylvania · 1865
- Shreve v. BreretonSupreme Court of Pennsylvania · 1866
- Moore v. ColtSupreme Court of Pennsylvania · 1889
- Dick v. GaskillSupreme Court of Pennsylvania · 1837
3Cited by39 opinions
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- Commonwealth v. Musser Forests, Inc.Supreme Court of Pennsylvania · 1958
- Gross v. Exeter Machine Works, Inc.Supreme Court of Pennsylvania · 1923
- Postal Instant Press, Inc. v. SealyCalifornia Court of Appeal · 1996
- Stein v. BruceMissouri Court of Appeals · 1963
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