Jester v. Murphy

Citations

• 2 Del. Ch. 171

Syllabus

<p>A vendor of certain store goods agreed to take them, back, if unsold within one year, or to make good the loss upon a re-sale. His bond for $700,00 given subject to a written defeazance declaring it to be for the “security and safety of a forfeiture to the same amount, which the vendor stood bound for in an agreement for the purchase.&c.,’ held not to have been given for stipulated damages but ¡.s a security for loss actually sustained by vendor’s refusal to take the goods back.</p> <p>Under a decree for an account, after a loss of books and a lapse of twen - ty years from the date of the transactions, a general statement of account, made about the time of the transactions, admitted.</p>