 | New York (State). Commissioners of the Code, New York (State). - 1865 - 896 Seiten
...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. Commission to Revise the Laws of California - 1871 - 894 Seiten
...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 - 1872 - 728 Seiten
...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... | |
 | 1906 - 2090 Seiten
...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... | |
 | 1921 - 1150 Seiten
...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.... | |
 | 1885 - 968 Seiten
...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). - 1885 - 422 Seiten
...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 - 1891 - 742 Seiten
...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.... | |
 | 1902 - 812 Seiten
...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 - 1892 - 1038 Seiten
...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. 
