 | Samuel Comyn - Contracts - 1807 - 646 pages
...fame inftrument, in cafe the ad intended to be prohibited be done, that fum (hall be conitrued to be a penalty. (<•) But, where it is agreed that if a party do fuch a particular thing, fuch a fum fliall be paid by him, there the fum ftated may be treated as liquidated... | |
 | Great Britain. Court of Chancery, William Brown - Law reports, digests, etc - 1819 - 600 pages
...penalty; that where articles contain covenants for the performance of several things, and then one large sum is stated at the end to be paid upon breach of performance, that must be considered as apenalty. Lord Eldon also reprobated the principle stated in several cases, that if the sum would be... | |
 | Henry Maddock - Common law - 1820 - 788 pages
...damages. Where articles contain covenants for the performance of several things, and then one large sum is stated at the end to be paid upon breach of...particular thing, such a sum shall be paid by him, then the sum stated may be treated as liquidated damages (z). So, if a certain damage less than the... | |
 | Robert Henley Eden Baron Henley - Injunctions - 1821 - 514 pages
...so also where articles contain covenants for the performance of several things, and then one large sum is stated at the end, to be paid upon breach of performance; but the argument, that if the sum would be disproportionately large as liquidated damages, it should... | |
 | William Woodfall - Landlord and tenant - 1822 - 722 pages
...time (c). Where articles contain covenants for the performance of several things, and then one large sum is stated at the end to be paid upon breach of...the sum stated may be treated as liquidated damages. It is therefore clear, that where the precise sum is not the essence of the agreement, the quantum... | |
 | Sir John Comyns - Digests, etc - 1822 - 604 pages
...covenants for the performance of several things, and then one large sum is stated at the end to be paid on breach of performance, that must be considered as...the sum stated may be treated as liquidated damages. Per Heath, Just. ibid. And by the st. 8 & 9 W. 3. 1 1 . the jury, besides damages and costs as usual,... | |
 | Samuel Comyn - Contracts - 1824 - 680 pages
...in case the act intended to be prohibited be done, that sum shall be construed to be a penalty, (t) But, where it is agreed that if a party do such a...the sum stated may be treated as liquidated damages, (k) In one case (I) it was said by Lord Loughborough, " That an agreement for liquidated damages can... | |
 | Sir John Comyns - Law - 1825 - 576 pages
...things, and then ene large sum is stated at the en'l to be paid on breach of performance, that musí be considered as a penalty. But where it is agreed, that if a party do SHch a particular thing, such a sum shall be paid by him, there the sum stated may be treated as liquidated... | |
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Where articles contain covenants for the performance of several things, and then one large sum is stated at the end to be paid upon breach of performance, that must be considered as a penalty. But where it is agreed that if a party do such a particular... 
