 | Jacob D. Wheeler - Common law - 1834 - 626 pages
...secured by a larger, it must alwayi be considered as a penalty, and not as liquidated damages ; or, where articles contain covenants for the performance...then one large sum is stated at the end to be paid on breach of performance, that must be considered as a penalty. Doubted in Pierce v. Fuller, 8 Mass.... | |
 | Great Britain - Law - 1836 - 626 pages
...general principle in cases of this kind, but he thought there was one which might safely he stated ; that where articles contain covenants for the performance...things, and then one large sum is stated at the end to he paid upon breach of performance, that must be considered as a penalty ; but where it is agreed that... | |
 | Samuel Vallis Bone - Conveyancing - 1839 - 398 pages
...and that the verdict should stand." In the case cited HEATH J. said, " When articles contain certain covenants for the performance of several things, and...performance, that must be considered as a penalty. But when it is agreed that if a party fails to do such a particular thing, such a sum shall be paid by... | |
 | Joseph Chitty - Contracts - 1841 - 1040 pages
...down any generJ principle in cases of this kind, but I think there is one which may be safely stated. Where articles contain covenants for the performance...end, to be paid upon breach of performance, that must 1>: considered as a penalty. But where it is agreed that if a party do such a particular thing, such... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1854 - 780 pages
...IM 1854.] Williams vs. Green. Prd. 346, that "where articles contain covenants for the perform ance of several things, and then one large sum is stated...performance, that must be considered as a penalty," though often quoted, furnishes a rule of very limited application to such contracts. It is demonstrated... | |
 | Charles Greenstreet Addison - Contracts - 1847 - 988 pages
...respect of the actual damage he had sustained. " Where articles of agreement," observes Heath, J., " contain covenants for the performance of several things,...considered as a penalty. But where it is agreed that if such a party do a particular thing such a sum shall be paid by him, there the sum stated may be treated... | |
 | Robert Henley Eden Baron Henley - Forms (Law) - 1852 - 680 pages
...payable upon the face of the same instrument, it should then be construed to be a penalty : so also where articles contain covenants for the performance...several things, and then one large sum is stated at the cud, to be paid upon breacli of performance ; but the argument, that if the sum would bo disproportionately... | |
 | United States. Court of Claims - Law reports, digests, etc - 1856 - 656 pages
...case, it is so clearly the former, that there can be no doubt on that point. Where the contract is for the performance of several things, and then one...sum is stated at the end to be paid upon breach of the contract, the doctrine is well settled, that it is to be regarded as a mere penalty. — (Astley... | |
 | William Tidd - Civil procedure - 1856 - 976 pages
...covenants in general, and covenants secured by a penalty or forfeiture. (I) Where articles of agreement contain covenants *for the performance of several things, and then one large sum is [ *877 ] mentioned at the end of the articles, to be paid upon breach of performance ;(aa) or, in other... | |
| |
Where articles contain covenants for the performance of several things, and then one large sum is stated at die end to be paid upon breach of performance, that must be considered as a penalty... 
