A Selection of American And English Cases On the Measure of Damages Arranged By

Henry Dwight Sedgwick

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And the agreement contained a clause, that if either of the parties should neglect or refuse to fulfill the said agreement, or any part thereof, or any stipulation therein contained, such party should pay to the other the sum of 1, 000?. , to which sum it was thereby agreed that the damages sustained by any such omission, neglect or refusal, should amount ; and which sum 28 434: LIQUIDATED DAMAGES.
was thereby declared by the said parties to be liquidated and ascer- tained damages, and not a pe...nalty or penal sum, or in the nature thereof.
The breach alleged in the declaration was, that the defendant refused to act during the second season, for which breach, the jury, upon the trial, assessed the damages at 760Z. ; which damages the plaintiff contends ought by the terms of the agreement to have been assessed at 1, 000Z.
It is, undoubtedly, difficult to suppose any words more precise or explicit than those used in the agreement ; the same declaring not only affirmatively that the sum of 1, 000£.

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