Erickson v. Green

Citations

• 47 Wash. 613
• 92 P. 449
• 1907 Wash. LEXIS 821

Syllabus

<p>Damages — Liquidated Damages — Penalty — Contracts — Construction. A contract for the removal of earth within a certain time at a fixed price per cubic yard, containing a provision that the contractor agrees that a penalty of $10 shall be deducted from his compensation for each and every day that the work continues after the stipulated time for performance, is a contract for liquidated damages and not a penalty, and evidence of the actual damages sustained is inadmissible.</p> <p>Same—Waiver. Where a contract for the removal of earth agreed upon liquidated damages for delay in performance, and provided for payment in three equal installments, the first to be paid when the work was half done, payment of the first installment after the time for completion had expired waives the stipulated damages for delay up to the time of such payment.</p>