 Where articles contain covenants for the performance of several things, and then one large sum is stated at the end, to be paid upon breach of performance, that must be considered as a penalty. But where it is agreed that if a party do such a particular...  The Punjab Record - 65 페이지1871전체보기 - 도서 정보
 | Great Britain. Court of Chancery, William Brown - 1819 - 600 페이지
...payable upon the face of the same instrument, it should then be construed to be a penalty; that where articles contain covenants for the performance of...breach of performance, that must be considered as apenalty. Lord Eldon also reprobated the principle stated in several cases, that if the sum would be... | |
 | Henry Maddock - 1820 - 788 페이지
...difficult in many cases to say what is to be considered as a Penalty, and what liquidated damages. Where articles contain covenants for the performance of...performance, that must be considered as a Penalty ; but where it is agreed that if a party do such a particular thing, such a sum shall be paid by him, then... | |
 | Robert Henley Eden Baron Henley - 1821 - 514 페이지
...payable upon the face of the same instrument, it should then be construed to be a penalty: so also where articles contain covenants for the performance of...at the end, to be paid upon breach of performance; but the argument, that if the sum would be disproportionately large as liquidated damages, it should... | |
 | William Woodfall - 1822 - 722 페이지
...forfeiture incurred by breach of a covenant to lay out a specific sum in repairs in a given time (c). Where articles contain covenants for the performance of...performance, that must be considered as a penalty. But where it is agreed that if a party do such a particular thing such a sum shall be paid by him, there... | |
 | Sir John Comyns - 1822 - 604 페이지
...2001. This sum is iu the nature of a penalty, and not of liquidated damages. 2 Bos. & Pul. 346. Where articles contain covenants for the performance of...then one large sum is stated at the end to be paid on breach of performance, that must be considered as a penalty. But where it is agreed, that if a party... | |
 | Sir Charles Harcourt Chambers - 1823 - 1084 페이지
...occurred is, whether such a sum should be considered as a penalty, or as liquidated damages. Where articles contain covenants for the performance of...and then one large sum is stated at the end to be payable on the breach of performance, it has been thought that it ought to be considered as a penalty.... | |
 | Samuel Comyn - 1824 - 680 페이지
...secured by a larger, it must always be considered as a penalty, and not as liquidated damages. So, where articles contain covenants for the performance of...then one large sum is stated at the end to be paid on breach of performance, that must be considered as a penalty. (/<) So, where a doubt is stated whether... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - 1826 - 780 페이지
...346. Justice Heath there stated, that (a), " it might be laid down as a general principle, that where articles contain covenants for the performance of...a penalty: but that, where it is agreed, that if a partydo sncha particular thing, such a sum shall be paid by him; there the sum slated may be treated... | |
 | Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 680 페이지
...general principle in cases of this kind ; but I think there is one which may be safely stated. Where articles contain covenants for the performance of...performance, that must be considered as a penalty. But where it is agreed that if a party do such a particular thing such a sum shall be paid by him, there... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - 1826 - 768 페이지
...Astley v. Weldon, that " where articles contain covenants for the performance of several things, and one large sum is stated at the end to be paid upon breach of performance, it must be considered as a penalty." There, however, the agreement did not contain the words which... | |
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