NORTHEAST MOTOR COMPANY v. Neal

QUINN, Associate Judge.

Plaintiff-appellant sued defendant-appel-lee for her alleged failure to take delivery of an automobile ordered from one of its salesmen. The amount claimed as liquidated damages, in accordance with the purchase order, was ten percent of the sale price of $2,684.80, less minor deductions. The trial court held that the purchase order contract provided not for liquidated damages but for a penalty, and for that reason gave appellee judgment. This is the basic error assigned on appeal. However, because of our disposition of the case, that question will not be reached.

Appellee…