Callanan Road Improvement Co. v. Colonial Sand & Stone Co.

Plaintiff is in the business of manufacturing crushed stone. Defendant is in the sand and stone business and, among other enterprises, manufactures ready-mix concrete in which crushed stone is an ingredient.

On April 5,1944, the parties entered into a written agreement by which plaintiff was to furnish and deliver and defendant to buy and accept a minimum of 50,000 cubic yards of crushed stone at $1 a cubic yard plus transportation and taxes.

*419The contract provided that if there was a breach by defendant of its terms defendant would pay plaintiff as liquidated damages the sum of fifteen cents a…