· 6/12/2002
Cleveland Bar Ass'n v. Dixon
Citations
- 95 Ohio St. 3d 490
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that while “parties to a contract may agree in advance to a sum certain which shall be forfeited as liquidated damages for breach of the contract,” if that “agreement is for a penalty it is void”
- “Action by Beatrice I. Crawford and others against Myron Davy and others, trading as River Terrace Company .... ”
- “damages stipulated in advance should not be more than those which at the time of execution of the contract can be reasonably expected from its future breach----”
- described in Armfield as “[t]he seminal case [in this jurisdiction] in determining whether a liquidated damages clause constitutes a penalty” and hence is void and unenforceable
- “damages stipulated in advance should not be more than those which at the time of execution of the contract can be reasonably expected from its future breach . . . . ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cook, Douglas, Moyer, Pfeifer, Resnick, Respondent, Stratton, Sweeney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.