 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 - Page 2971914Full view - About this book
 | California, California. Commission to Revise the Laws of California - California - 1871 - 894 pages
...830. Kxception. SEC. 1671. The parties to a contract may agree therein upon an amount which shall bo presumed to be the amount of damage sustained by a...impracticable or extremely difficult to fix the actual damage. The use of the phrase " liquidated damages " leads frequently to an evasion of the law in respect to... | |
 | California - Civil law - 1872 - 728 pages
...the next section. 1671. The parties to a contract may agree therein Exception. upon an amount which shall be presumed to be the amount of damage sustained...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... | |
 | California - Civil law - 1876 - 612 pages
...contract may agree therein upon an amount which shall be presumed to be the amount of damage snstained by a breach thereof, when, from the nature of the...impracticable or extremely difficult to fix the actual damage. § 1672 of said Code is repealed. [In effect July 1, 1874.] § 1673. Every contract by which any one... | |
 | California - Civil law - 1876 - 626 pages
...provided in the next section. § 1671. 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 ease, it would be impracticable or extremely difficult to fix the actual damage. § 1672 of said Code... | |
 | Law reports, digests, etc - 1906 - 2090 pages
...in the next section. "Section 2244: The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained...or extremely difficult to fix the actual damage." In Illinois there is no statute upon the subject. Two questions, therefore, are raised. First : Is... | |
 | New York (State). - Civil law - 1885 - 422 pages
...provided by the next section. § 1084 The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained...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... | |
 | Theodore Sedgwick, Arthur George Sedgwick - Damages - 1891 - 742 pages
...Co. v. Moore, 75 Cal. 205, according to the Code, § 1671, which allows liquidated damages only when it would be impracticable or extremely difficult to fix the actual damage ; Brennan v. Clark, 45 NW Rep. 472 (Neb.). (b) Hahn v. Horstman, 12 Bush 249 ; Greer v. Tweed, 13 Abb.... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1892 - 1020 pages
...in the next section. " Sec. 1671. The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained...extremely difficult to fix the actual damage." It appears, from the nature of the contract under consideration, that it would not be impracticable or... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1892 - 1038 pages
...in the next section." "Sec. 1671. The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained...or extremely difficult to fix the actual damage." The allegation of the complaint, that "it was understood and agreed between plaintiff and defendant,... | |
 | Appellate courts - 1902 - 812 pages
...parties to a contract may agree upon an amount which shall be presumed to be the amount of damages sustained by a breach thereof when, from the nature...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... | |
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