Sledge v. Arcadia Orchards Co.

Citations

• 77 Wash. 477
• 137 P. 1051
• 1914 Wash. LEXIS 929

Syllabus

<p>Damages — Contract—Breach—Stipulated Damages or Penalty. An agreement for stipulated damages for breach of a contract cannot be sustained, except as a penalty authorizing recovery only of pecuniary damages actually sustained, where it provided that $60 per acre was to be paid plaintiff for each acre of a hundred acre tract which the plaintiff failed, (1) to plant to apple trees in the spring of 1912 as early as the weather would permit, (2) to plant to a cover crop between the rows, and (3) to care for the trees after planting; since the same sum was to fall due for a minor or partial default as for a total default, and also on default in any one of the three particulars, all of which were of different degrees of importance, and could not be the proper subject for stipulated damages in the same amount, making the damages stipulated for unreasonable in relation to the gravity of the default for which they were to compensate.</p> <p>Contracts — Performance or Breach — Default—Waiver. A provision for stipulated damages in case of a default in a contract to plant a tract of land to apple trees as early in the spring of 1912 as the weather will permit, and to plant a cover crop between the rows at the same time, is waived, where the plaintiff, after commencing suit on the default May 13, at which time planting had not commenced, wrote a letter to defendant on May 20th, knowing that work was in progress (planting being finished June 8), that it would be satisfactory if the cover crop were planted by September 1st; since an offer and acceptance of part performance prevents recovery of liquidated damages.</p> <p>Contracts — Breach—Actions — Damages — Penalty — Offer of Proof — Sufficiency. In an action to recover on a penalty for a breach of contract to plant one hundred acres of land to apple trees in the spring of 1912 as early as the weather will permit, in which it appeared that the land was covered with stumps and brush when the contract was made Nov. 11, 1911, and