City of Davenport v. Shewry Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• considering “the question whether the damages set in the contract . . . is an unreasonably large sum in view of the anticipated or actual harm”
• stating a guaranty is a contract by one party (the Hefels) to a second party (DuTrac) for the fulfillment of a promise of a third party (Star Properties)
• stating a guarantor’s liability is “determined by reference to the obligations assumed by the guarantor in the guaranty, not by reference to the contract of the primary obligor”
• “We adopted the Restatement test for a penalty, which focuses on two factors: (1) ‘the anticipated or actual loss caused by the breach’; and (2) ‘the difficulty of proof of loss.’” (citation omitted)
• choosing to review that case de novo for these reasons
• choosing to review that case de novo for these reasons

Source: CourtListener parenthetical corpus (CC0).