McDaniels v. Gowey

Citations

• 30 Wash. 412
• 71 P. 12
• 1902 Wash. LEXIS 704

Syllabus

<p>SUPPLEMENTAL PLEADINGS-DISCRETION OP COURT.</p> <p>Allowing defendant to file a supplemental answer is a matter witbin the discretion of the court, and will only be disturbed upon a showing of abuse.</p> <p>BONDS — LIQUIDATED DAMAGES OB PENALTY.</p> <p>Where the vendor of land, upon which there was a mortgage, unpaid taxes and a five-year contract for cutting timber held by third parties, gave a bond to the vendees in a stipulated sum, conditioned that if the obligors should on or before six months from the date of the bond procure the satisfaction of the mortgage and remove the other incumbrances on the land, then the obligation should be void, the bond must be construed as one not for liquidated damages, but as imposing a penalty under which the obligees were entitled to recover only the actual damages suffered by them.</p>