Emery v. Boyle
Supreme Court of Pennsylvania
Appeal, No. 40, Jan. T., 1901, by plaintiff, from order of C. P. McKean Co., Oct. T., 1900, No. 833, making absolute a rule to open judgment in case of Lewis Emery, Jr., v. P. O. Boyle. Rule to open judgment. The agreement under which judgment was entered was as follows: “ Memorandum of original agreement made and concluded this 9th day of February, 1897, by and between Lewis Emery, Jr., of the first part and P. C. Boyle, of Oil City, of the second part.
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Appeal, No. 40, Jan. T., 1901, by plaintiff, from order of C. P. McKean Co., Oct. T., 1900, No. 833, making absolute a rule to open judgment in case of Lewis Emery, Jr., v. P. O. Boyle. Rule to open judgment. The agreement under which judgment was entered was as follows: “ Memorandum of original agreement made and concluded this 9th day of February, 1897, by and between Lewis Emery, Jr., of the first part and P. C. Boyle, of Oil City, of the second part. “ Witnesseth: That whereás'a certain action for libel heretofore pending in the courts of McKean county, Pa., at No. 43, June term, 1894,…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
Whether a sum named as compensation for a breach of a contract is to be deemed a penalty to secure its fulfilment or damages liquidated by the parties themselves, is primarily a question of intention to be gathered from the agreement with the aid of such light as can be derived from circumstances. Equity will regard a penalty as intended to secure the fulfilment of a contract and will limit a recovery to the loss actually sustained, notwithstanding the stipulation of the parties, on the principle that one party should not be allowed to profit by the default of…
2Cases cited6 opinions
- Keck v. BieberSupreme Court of Pennsylvania · 1892
- March v. AllaboughSupreme Court of Pennsylvania · 1883
- Streeper v. WilliamsSupreme Court of Pennsylvania · 1865
- Kelso v. Reid, Pennsylvania Court of Common Pleas, Beaver County1892
- Powell v. BurroughsSupreme Court of Pennsylvania · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Salem v. AnsonOregon Supreme Court · 1902
- Stein v. BruceMissouri Court of Appeals · 1963
- Laughlin v. Baltalden, Inc.Superior Court of Pennsylvania · 1960
- Curran v. PhiladelphiaSupreme Court of Pennsylvania · 1919
- Sautter v. RowlandSupreme Court of Pennsylvania · 1925
16 more not listed; retrieve them via the Exa API.