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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. "
Reports of Cases Determined in the Courts of Appeal of the State of California - Page 699
1917
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The Civil Code of the State of New York: Reported Complete by the ...

New York (State). Commissioners of the Code, New York (State). - 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...
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Revised Laws of the State of California: In Four Codes : Political ..., Volume 2

California, California. Commission to Revise the Laws of 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...
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The Civil Code of the State of California, Volume 1

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...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 145-146

Law reports, digests, etc - 1906 - 2090 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...
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The Pacific Reporter, Volume 200

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....
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The Pacific Reporter, Volume 6

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...
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An Act to Establish a Civil Code: Jan. 14, 1885

New York (State). - Civil law - 1885 - 422 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...
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A Treatise on the Measure of Damages: Or, An Inquiry Into the ..., Volume 1

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....
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

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...
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The American State Reports: Containing the Cases of General Value ..., Volume 25

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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