Christopher & Simpson Architectural Iron & Foundry Co. v. E. A. Steininger Construction Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. — Hon. Wilson A. Taylor, Judge. (1) The provision in the general contract for payment of $100 for each day’s delay in finishing the various sections of the building must he construed as a penalty and not as liquidated damages, because: (a) In view of the character and cost of the building the $100 per day for each section is an unreasonable and extortionate snm and cannot be treated as a fair measure of actual damages,…
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Appeal from the Circuit Court of the City of St. Louis. — Hon. Wilson A. Taylor, Judge. (1) The provision in the general contract for payment of $100 for each day’s delay in finishing the various sections of the building must he construed as a penalty and not as liquidated damages, because: (a) In view of the character and cost of the building the $100 per day for each section is an unreasonable and extortionate snm and cannot be treated as a fair measure of actual damages, (b) Tbe damages for delay* in completing a building are ascertainable according to ■well-recognized legal rules and…
1Opinion of the CourtAllen, J.
— This is an action, instituted May 15, 1907, by a sub-contractor, Christopher & Simpson Architectural Iron & Foundry Company, against the general contractor, E. A. Steininger Construction Company, and the owner, Mound City' Ice & Cold Storage Company, for a balance alleged to be due plaintiff from the defendant contractor for the reasonable value of labor and materials furnished in the erection of a certain building, and for a lien therefor *39against the property. The parties to the record are all corporations. The issues arise upon the petition, the first amended answer of the defendant…
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- Johnston v. Star Bucket Pump Co.Supreme Court of Missouri · 1918
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- Trimble v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1904
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