Myers v. Ralston

Citations

• 57 Wash. 47
• 106 P. 474
• 1910 Wash. LEXIS 691

Syllabus

<p>Damages — Liquidated Damages — Accepting Partial Performance —Penalty. Liquidated damages of $500, for the vendee’s failure to •complete a purchase of lots for the agreed price of $2,400, cannot be recovered where the vendor accepted $1,000 for one of the lots and made deed therefor, and also $80 on account of damages sustained; especially where no actual damages were alleged or proved; as liquidated damages cannot be recovered after acceptance of part performance of the contract; and if the agreed sum was intended ■to cover a partial breach it would be a penalty and not recoverable.</p>