Nash v. Hermosilla

Citations

• 9 Cal. 584

Syllabus

<p>Where A agreed with his tenant, who was occupying a wooden building, that if he would give up his lease, A would erect a brick building, to cover such portion of the lot as would be satisfactory to the tenant, and would give him possession within three weeks, and a lease of the premises for six months, with the privilege of twelve months, or on failure so to do, would pay the tenant five hundred dollars damages: Held, on breach of the contract on the part of A, that the sum named was a penalty, and not liquidated damages.</p>