Kelso v. Reid

Citations

• 145 Pa. 606
• 23 A. 323

Syllabus

<p>(a) The defendant in assumpsit sold to the plaintiffs a “ general country store ” for about $6,000, stipulating that he should not “ cany on the same kind of business within a radius of two miles, under a penalty of $1,000, to' be paid.....as liquidated damages, without proof of loss or damage on their part: ”</p> <p>1. The case being of that class where it is next to impossible to prove the full extent of the damages for the breach of such a covenant, there was a reason why the parties should liquidate them in advance, and why the defendant should be held to the payment of the amount so fixed, if not unconscionable.*</p> <p>2. The defendant having opened and carried on a business of substantially the same kind, in violation of his covenant, the amount of the damages liquidated therein was not unconscionable, and an offer of the defendant to show that no damages had in fact been sustained by the plaintiffs, was inadmissible.</p>