Everett Land Co. v. Maney

Citations

• 16 Wash. 552
• 48 P. 243
• 1897 Wash. LEXIS 360

Syllabus

<p>STIPULATED DAMAGES — WHETHER PENALTY OR LIQUIDATED DAMAGES — ADMISSIBILITY OF PAROL — EVIDENCE OF CONTEMPORANEOUS AGREEMENTS.</p> <p>Where, in addition to the money consideration for a conveyance of real estate, a note for a further sum is also given, which it is stipulated shall be void if the grantee shall erect on the land within a given time a certain class of buildings, the grantor is entitled to receive as liquidated damages, for a failure to erect such buildings, the sum named in the note.</p> <p>Where the damages resulting from the breach of a contract are indefinite, uncertain and difficult to prove, the amount stipulated in the contract as damages in case of a breach should be considered as liquidated damages and not as a penalty.</p> <p>Parol proof of contemporaneous agreements between the parties is inadmissible to affect their written contract, in the absence of allegations in the complaint of deceit and false representations.</p>