United Shoe Machinery Co. v. Hirst

Citations

• 70 Pa. Super. 324
• 1918 Pa. Super. LEXIS 241

Syllabus

<p>Bailment — Lease of machinery — Penalty—Liquidated damages— Contract.</p> <p>Where a lease of machinery provides in one clause, that upon the termination of the lease, the lessees shall return the machinery in good order, and pay to the lessor “such sum as may be necessary to put the leased machinery in suitable order,” to let again, and in another clause provides that on the termination of the lease the lessee “shall pay to the lessor as partial reimbursement to the lessor for deterioration of the leased machinery, expenses in connection with the installation thereof, and the instruction of operators,” an amount specified, and the payment of this amount is made in other portions of the lease dependent upon the default of the lessee to perform the covenants “of this or any other lease......between the lessor and lessee,” the sum so stipulated to he paid on such default must he held to he a penalty merely, and not liquidated damages.</p>