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· 1/19/1920

Smith v. Lambert Transfer Co.

Citations

  • 109 Wash. 529
  • 187 P. 362
  • 1920 Wash. LEXIS 939

Syllabus

<p>Damages (35-1)—Liquidated Damages and Penalties—Pbopob- . tion op Sum Stipulated. Under a fifteen-year lease calling for rent in the total sum of $76,500, the sum of $5,000, paid on the last installments and stipulated as liquidated damages in case of forfeiture of the lease, is not so disproportionate to the amount involved as to amount to a penalty.</p> <p>Same (38)—Liquidated Damages—Limit op Recovery. Under a lease providing for stipulated damages in the sum of $5,000 in ease of forfeiture for breach of conditions, the lessor cannot recover any sum in addition on account of the nonpayment of taxes which was a special damage arising from a breach of one of the covenants of the lease.</p>

Judges: MacKintosh

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