 | Great Britain. Court of Common Pleas, Peregrine Bingham - 1830 - 846 sider
...to be the security for the performance of an agreement to do several acts will, in cases of breaches of the agreement, be in some instances too large,...a compensation for the injury thereby occasioned, that sum is to be considered a penalty." Holroyd J. " We must look to the nature of the agreement,... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1831 - 808 sider
...1829. a security for the performance of an agreement to do several acts, will, in case of breaches of the agreement, be in some instances too large and...a compensation for the injury thereby occasioned, that sum is to be considered a penalty." Mr. Justice Holroyd said (a) —" We must look to the nature... | |
 | Sir Thomas Edlyne Tomlins - 1835 - 854 sider
...Weldon, 2 Bos. Sf Pull. 346'. And Bayley, J., said where the sum fixed on will, in case of breaches of the agreement, be in some instances too large,...a compensation for the injury thereby occasioned, that sura is to be considered a penalty. 6 Barn. Sf Cres. 223. And see Roll's Ca. 43 : 1 Bing. R. 302:... | |
 | New York (State). Court of Chancery, William T. McCoun - 1837 - 754 sider
...which is to be VICE CHANCELLOR'S COURT. the security for the performance of an agreement to do : everal acts will, in cases of breach of the agreement be,...expresses himself to the same effect ; and Mr. Justice Littledale remarks : " Since the statute 8 and 9 Will. 3, parties, in framing agreements, have frequently... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1843 - 898 sider
...to be a security for the performance of an agreement to do several acts, will, in case of breaches of the agreement, be, in some instances, too large...a compensation for the injury thereby occasioned, that sum is to be considered a penalty." Where, therefore, the parties do not specifically annex the... | |
 | Charles Greenstreet Addison - 1847 - 988 sider
...be a security for the performance of an agreement to do several acts, would, in some instances, be too large, and in others too small a compensation for the injury thereby occasioned, that sum is to be considered a penalty." (a) By certain articles of agreement between the plaintiff... | |
 | Joshua Williams - 1848 - 402 sider
...Sugd. Vend. & Pur. 221 ; Leighton v. Wales, 3 Me. & Wels. 545 ; Price v. Green, 15 M. & W. 346, 354. too large and in others too small a compensation for the injury occasioned, such sum will not be allowed to be recovered in case of any breach, but damages only, proportioned... | |
 | Joseph Chitty - 1851 - 786 sider
...to be a security for the performance of an agreement to do several acts, will, in case of breaches of the agreement be, in some instances too large,...a compensation for the injury thereby occasioned, that sum is to be considered a penalty. (k) The averments of performance on the part of the plaintiff... | |
 | William Tidd - 1856 - 976 sider
...sum which is to be a security for the performance of an agreement to do several acts, may, in case of breach of the agreement, be in some instances too...in others too small a compensation for the injury sustained,(6) that sum is to be considered as a penalty : And in one case it was determined, that if... | |
| |
Now, where the sum which is to be the security for the performance of an agreement to do several acts will, in cases of breaches of the agreement, be in some instances too large, and in others too small a compensation for the injury thereby occasioned,... 
