 | New York (State)., New York (State). Commissioners of the Code - Civil law - 1865 - 896 pages
...the next section. amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage. The use of the phrase " liquidated damages " leads frequently to an evasion of the law in respect to... | |
 | California - California - 1871 - 894 pages
...presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage. The use of the phrase " liquidated damages " leads frequently to an evasion of the law in respect to... | |
 | California - Civil law - 1872 - 728 pages
...presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage. NOTE. — Where S sold to R his butcher shop, tools, etc.', at Suisun, and in his contract of sale... | |
 | Law reports, digests, etc - 1906 - 2092 pages
...liquidated damages for its breach 145 F.— 2 shall be void, except where "from the nature of the case It would be Impracticable or extremely difficult to fix the actual damage." Held, that the contract could not be said, as matter of law, to be within the exception so as to justify... | |
 | Law reports, digests, etc - 1921 - 1150 pages
...damages. In Consolidated Lumber Co. v. City of Los Angeles, 33 Gal. App. 698, 166 Рас. 385, U is said: 'Whether 'it would be impracticable or extremely difficult...in which the parties have attempted to agree upon the liquidated damages in advance, is a question of fact." See, also, Thomas v. Anthony, 30 Cal. App.... | |
 | Law reports, digests, etc - 1885 - 968 pages
...presumed to be the amount of damages sustained by a breach thereof, when, from the nature of the case, it would be impracticable, or extremely difficult, to fix the actual damage." When parties have endeavored to contract with reference to damages, — when they have explicitly declared... | |
 | New York (State). - Civil law - 1885 - 420 pages
...presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage, and may also agree upon the forfeiture of previous payments upon failure to fulfill § 1085. Every... | |
 | Theodore Sedgwick, Arthur George Sedgwick - Damages - 1891 - 742 pages
...Co. v. Moore, 75 Cal. 205, according to the Code, § 1671, which allows liquidated damages only when it would be impracticable or extremely difficult to fix the actual damage ; Brennan v. Clark, 45 NW Rep. 472 (Neb.). (b) Hahn v. Horstman, 12 Bush 249 ; Greer v. Tweed, 13 Abb.... | |
 | Appellate courts - 1902 - 812 pages
...presumed to be the amount of damages sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage." There is nothing in the record to show that the damage to the appellees by reason of the breach of... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1892 - 1038 pages
...the answer was unnecessary labor. Whether a contract is such that " from the nature of th» «ase " it would be impracticable or extremely difficult to fix the actual damage sustained by a breach thereof is a question of fact, which must be determined in each particular case;... | |
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The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage. 
