Moore v. Colt

Citations

• 127 Pa. 289
• 18 A. 8
• 1889 Pa. LEXIS 1114

Syllabus

<p>[To be reported.]</p> <p>(a) A contract under seal for the sale of an omnibus line provided: “ And the parly of the first part are not to engage in or use their influence in opposition to the party of the second part, in the passenger, mail or express business in any manner or form. And each party is hereby held and fully bound in the sum of $800 for the faithful fulfilment of the above contract.”</p> <p>1. The last provision contemplated a penalty rather than stipulated damages, and, in an action for the breach of his covenant by the vendor in reengaging in the same business, the vendee was entitled to recover the actual damages he had sustained.</p> <p>2. In such action, it was not error to admit testimony that defendant, in violation of Ms covenant, had carried a certain number of passengers, which at the regular rates amounted to a certain sum, as evidence of the damages to which plaintiff was entitled.</p>