Herberger v. Orr Co.
Citations
- 62 Wash. 526
- 114 P. 178
- 1911 Wash. LEXIS 738
Syllabus
<p>Damages — Liquidated Damages — Penalty —Contracts—Construction. Where two parties agreed to be equally liable for the payment of a mortgage for $16,000 and that, on default of either to pay his part, the other party might pay the same and hold a lien for half the sum paid, and interest thereon, and a “bonus of $500 for having made such advance,” the stipulation for the bonus is one for liquidated damages and not a penalty; since the inconveniences, loss, expenses and damages arising from the breach are not readily susceptible of proof and the sum is not disproportionate to the probable damage suffered.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that claims must be objectively frivolous, regardless of procedural posture
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Judges: Crow
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