Mule v. Pajewski

Citations

• 13 Tiess. 142

Syllabus

<p>Syllabus.</p> <p>1. Earnest is a sum of money which one of the contracting parties gives to the other at the time of the contract, and is presumed to be a forfeit in the absence of evidence to the contrary.</p> <p>2. A forfeit is a penalty, and a contract with a forfeit to bind it, is simply a contract with a penal clause.</p> <p>3. Where the principal contract is not binding, the penal clause is' not enforceable. -</p>