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" 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... "
A Digest of the Laws of England - Σελίδα 363
των Sir John Comyns - 1822
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Reports of Cases Argued and Determined in the High Court of Chancery: During ...

Great Britain. Court of Chancery, William Brown - 1819
...made 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...then one large sum is stated at the end to be paid upon breach of performance, that must be considered as apenalty. Lord Eldon also reprobated the principle...

A Treatise on the Principles and Practice of the High Court of ..., Τόμοι 1-2

Henry Maddock - 1820
...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...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...

A Treatise on the Law of Injunctions

Robert Henley Eden Baron Henley - 1821 - 453 σελίδες
...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...then one large sum is stated at the end, to be paid upon breach of performance; but the argument, that if the sum would be disproportionately large as...

The Law of Landlord and Tenant: To which is Added an Appendix of Precedents

William Woodfall - 1822 - 668 σελίδες
...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...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...

A Treatise on the Law of Landlord and Tenant

Sir Charles Harcourt Chambers - 1823 - 959 σελίδες
...which has occurred is, whether such a sum should be considered as a penalty, or as liquidated damages. Where articles contain covenants for the performance...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....

The Law of Contracts and Promises Upon Various Subjects and with Particular ...

Samuel Comyn - 1824 - 654 σελίδες
...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...performance, that must be considered as a penalty. (/<) So, where a doubt is stated whether the sum inserted be intended as a penalty or not, if a certain...

Reports of Cases Argued and Determined in the Courts of Common ..., Τόμος 8

Great Britain. Court of Common Pleas, John Bayly Moore - 1826
...GEO. IV. Justice Heath there stated, that (a), " it might be laid down a* a general principle, that where articles contain covenants for the performance...then' one large sum is stated at the end to be paid upon breach of performance, that must be considered as a penalty: but that, where it is agreed, that...

The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1827
...considered as a penalty; and Mr. Justice Heath is reported to have laid down this principle, that " where articles contain covenants for the performance...then one large sum is stated at the end to be paid upon breach of performance, that must be considered as a penalty." If that principle be correct, it...

Reports of Cases Argued and Determined in the Court of Common Pleas ..., Τόμος 6

Great Britain. Court of Common Pleas, Peregrine Bingham - 1830
...general stipulation for liquidated damages in terms as strong as the present, and Heath J. said, " Where articles contain covenants for the performance...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...

The Law of Pleading and Evidence in Civil Actions: Arranged ..., Τόμος 1

John Simcoe Saunders - 1831
...any general principles in cases of this kind ; but I think there is one which may be safely stated. Where articles contain covenants for the performance of several things, and then one large r*1501 sum is stated at the end to be paid upon *breach of performance, that must be considered as...




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