 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 363των Sir John Comyns - 1822Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | 1901 - 820 σελίδες
...argument of Kemble v. Farren. I mean Astley v. Weldon, 2 Bos. & P. &4G, in which Mr. Justice Heath 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... | |
 | Joseph Asbury Joyce, Howard Clifford Joyce - 1903 - 1046 σελίδες
...another case which was an action of a similar nature upon a similar contract,* it was declared 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 1« considered as a penalty." " In this last case it will be... | |
 | Syed Ameer Ali, Sir John George Woodroffe - 1898 - 1646 σελίδες
...fraud or of conduct indicating fraud, parol evidence will be excluded. Thus where a document contains covenants for the performance of several things, and then one large sum is stated to be payable, in the event of a breach, such sum must be considered a penalty ; but when it is agreed... | |
 | Isaac Franklin Russell - 1909 - 756 σελίδες
...that where the contract contains a variety of stipulations of different degrees of importance, and one large sum is stated at the end to be paid on breach of performance of any of them, that must be considered as a penalty." I have myself always understood that that is... | |
 | T. V. Sanjiva Row, Pinayur Ramanatha Aiyar, Palangamal Hari Rao - 1912 - 1224 σελίδες
...date— Intention of parties to treat clause in bond as penal — Oral evidence, Admissibility of. — Where articles contain covenants for the performance...then one large sum is stated at the end to be paid upon breach of performance, that mast be considered as a penalty ; but where it is agreed that, if... | |
 | 1915 - 1320 σελίδες
...v. Green, 14 Ark. 315, the case of Astley v. \\eldon, supra, was distinguished, saying it held "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 mu.st be considered as a penalty,' though often quoted, furnishes... | |
 | Samuel Williston - 1920 - 1254 σελίδες
...that where the contract contains a variety of stipulations of different degrees of importance, and one large sum is stated at the end to be paid on breach of performance of any of them, that must be considered as a penalty.' I have myself always understood that that is... | |
 | 1911 - 798 σελίδες
...nature of liquidated damages. In Astley v. Weldon, 2 B. & P. 346, the rule was stated thus (p. 353) : "Where articles contain covenants for the performance...then one large sum is stated at the end to be paid upon breach of the performance, that must be considered as a penalty. But where it is agreed that if... | |
 | 1892 - 968 σελίδες
...GEANT v. ANDERSON AND Co. subject is Aitley v. Weldon (2 B. & P. 346) in which Heath, J. said 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 where it is agreed that, if a... | |
 | 1838 - 1144 σελίδες
...down any general principle in cases of this kind, but I think there is one which may safely be stated. Where articles contain covenants for the performance...then one large sum is stated at the end to be paid upon breach of performance, thai must be considered as a penalty ; but where it is »greed, that if... | |
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