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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. "
The Pacific Reporter - Σελίδα 38
1892
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The Civil Code of the State of California, Τόμος 1

California - 1872 - 728 σελίδες
...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...

The Federal Reporter: Cases Argued and Determined in the ..., Τόμοι 145-146

1906 - 2090 σελίδες
...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...

An Act to Establish a Civil Code: Jan. 14, 1885

New York (State). - 1885 - 422 σελίδες
...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...

The American State Reports: Containing the Cases of General Value ..., Τόμος 25

Abraham Clark Freeman - 1892 - 1038 σελίδες
...plaintiff and defendant, at the time of making the contract, that, owing to the nature of the case, it would be impracticable and extremely difficult...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...

The American State Reports: Containing the Cases of General Value ..., Τόμος 25

Abraham Clark Freeman - 1892 - 1048 σελίδες
...or not it would be impracticable and extremely difficult to fix the actual damages. Whether or not a contract is such that from the nature of the case...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...

United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1902 - 812 σελίδες
...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...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 32

Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1912 - 938 σελίδες
...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...

The Code of Civil Procedure of the State of California, Adopted March 11 ...

California, James Henry Deering - 1897 - 1066 σελίδες
...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: Civ. Code, sec. 1671. Damages, persons suffering detriment may recover reasonable. — Every person...

The Science of Law and Lawmaking: Being an Introduction to Law, a General ...

Richard Floyd Clarke - 1898 - 502 σελίδες
...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 tix the actual damage. " Section 832. Every stipulation or condition in a contract, by which any party...

Lawyers' Reports Annotated, Βιβλίο 43

1899 - 914 σελίδες
...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," Id. §'3384: "Except as otherwise provided in this article, the specific performance of an obligation...




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