Walter Implement, Inc. v. Focht

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reversing judgment comprised of liquidated damages and prejudgment interest for recomputation of damages only
• even where party describes provision as one for liquidated damages, courts have tended, in close cases, to construe as penalty rather than as liquidated damages
• “[T]he [sum of money] must be a reasonable forecast of just compensation for the harm that is caused by the breach.”
• “True liquidated damages clauses, those that are not penalties, are favored 5 and will be upheld.”
• \A condition precedent is an event occurring subsequent to the making of a valid contract which must exist or occur before there is a right to immediate performance.\

Source: CourtListener parenthetical corpus (CC0).