 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.  The Pacific Reporter - Page 4061915Full view - About this book
 | California - Civil law - 1872 - 728 pages
...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. NOTE. — Where S sold to R his butcher shop, tools, etc.', at Suisun, and in his contract of sale... | |
 | California - Civil law - 1876 - 626 pages
...presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the ease, it would be impracticable or extremely difficult to fix the actual damage. § 1672 of said Code is repealed. [In effect July 1, 1874.] § 1673. Every contract by which any one... | |
 | Law reports, digests, etc - 1906 - 2090 pages
...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." In Illinois there is no statute upon the subject. Two questions, therefore, are raised. First : Is... | |
 | New York (State). - Civil law - 1885 - 422 pages
...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, 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
...upon an amount which shall be 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." a stipulation in a contract for the sale of cattle that the seller shall pay to the purchaser a certain... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1892 - 1048 pages
...impracticable and extremely difficult to fix the actual damages. Whether or not a contract is such that from the nature of the case it would be impracticable or extremely difficult to fix the actnal damage sustained by a breach thereof, is a question of fact, which is to be determined by the... | |
 | 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;... | |
 | Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - Law reports, digests, etc - 1912 - 938 pages
...an amount which shall be 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." In the case of Mansur-Tcbbctt.s Implement Co. v. George R. Willet, 10 Okla. 383, 61 Pac. 1066, which... | |
 | Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - Law reports, digests, etc - 1916 - 880 pages
...therein upon an amount * * * of damage sustained by a breach thereof, when, from the nature of fhe case, it would be impracticable or extremely difficult to fix the actual damage." In Eccles v. Herrick et al., 15 Colo. App. 350, 62 Pac. 1040, it is held : "An agreement in a promissory... | |
| |
