Chicago, B. & Q. R. v. Dockery

Citations

• 195 F. 221
• 115 C.C.A. 173
• 1912 U.S. App. LEXIS 1365

Syllabus

<p>I! Damages (§ 80*)—Liquidated Damages —Penalty—Oonstkvctio n of CONTRACT.</p> <p>Where, a contract leaves ihe intention of the parties in doubt as t,o the amount to be paid for its breach, and the amount specified therein is beyond all reasonable proportion to ihe damages that may actually be sustained, the contract will he construed to provide for a penalty only, though the amount is specified as liquidated damages.</p> <p>[Ed. Note.—For other cases, see Damages, Cent. Dig. §§ 170-175; Dec. Dig. § 80.*]</p> <p>2. Damages (§ 76*)—Liquidated Damages—Penalty—Construction of Contract.</p> <p>Whether a case falls within the rule that where the subject-matter of a contract is of uncertain value, or where the damages to be paid for its breach are incapable of definite ascertainment by any fixed rule of law, the amount stipulated will lie construed as liquidated damages, depends on the particular facts.</p> <p>[Ed. Note.—For other cases, see Damages, Cent. Dig. §§ 154, 155, 170; Dec. Dig. § 76.*]</p> <p>3. Damages (§ 78*)—Liquidated Damages—Penalty—Construction of Contract.</p> <p>Where there are several agreements in a contract, the damages for nonperformance of some of which are readily ascertainable and for others not, and one sum is named as damages for a breach of any of them, the sum will be regarded as a penalty for the breach of any single stipulation.</p> <p>[Ed. Note.—For other eases, see Damages, Cent. Dig. §§ 157-163; Dec. Dig. § 78.*]</p>