Kenyon v. Millard

Citations

• 12 Del. Ch. 53
• 104 A. 778
• 1918 Del. Ch. LEXIS 16

Syllabus

<p>The fact that a land contract provides for payment of sum of money as penalty is not in itself sufficient grpund for denying specific performance.</p> <p>Where land contract provides that for the true performance of the contract, each party binds himself to the other in a certain “penal” sum, buyer, upon seller’s failure to perform, may refuse to accept specified sum in settlement, and secure relief through specific performance or action for damages.</p> <p>Where the meaning of a clause in a land contract was clear and unambiguous, and the language used capable of but one interpretation, testimony of real estate men as to the effect of such a clause according to the custom of men in real estate business was inadmissible.</p>