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" When the parties to a contract, in which the damages to be 'ascertained, growing out [674] of a breach, are uncertain in amount, mutually agree that a certain sum shall be the damages, in case of a failure to perform, and in language plainly expressive... "
Awards [of The] First Division - Side 374
av United States. National Railroad Adjustment Board
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volum 21

New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1867 - 644 sider
...parties to a contract, in which the damages to be ascertained, growing out of a breach, are uncertain in amount, mutually agree that a certain sum shall...is greatly disproportionate to the presumed actual damage, probably a court of equity may relieve ; but a court of law has no right to erroneously construe...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volum 21

New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1881 - 702 sider
...ascertained, growing out of a breach, are uncertain in amount, mutually agree that a certain sum shall lie the damages, in case of a failure to perform, and...is greatly disproportionate to the presumed actual damage, probably, a court of equity may relieve; but a court of law has no right to erroneously construe...
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The Supreme Court Reporter, Volum 22

1902 - 988 sider
...parties to a contract, in which • the damages to be*ascertained, growing out of a breach, are uncertain Co. damage, probably a court of equity may relieve; but a court of law has no right to erroneously construe...
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The New York Supplement, Volum 164

1917 - 1152 sider
...parties to a contract, In which the damages to be ascertained, growing out of a breach, are uncertain In amount, mutually agree that a certain sum shall...construction of contracts, that will enable a court of Jaw to say that they Intend something else. » » » When they declare, In distinct and unequivocal...
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The Southwestern Reporter, Volum 21

1893 - 1282 sider
...parties to a contract, in which the damages to be ascertained growing out of a breach are uncertain in amount, mutually agree that a certain sum shall be the damages in case of a failure to perform, in language plainly expressive of such agreement, and when the intention is plain and palpable, there...
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United States Supreme Court Reports, Volum 46

United States. Supreme Court - 1902 - 1264 sider
...to a contract, in which the damages to be 'ascertained, growing out [674] of a breach, are uncertain in amount, mutually agree that a certain sum shall...is greatly disproportionate to the presumed actual damage, probably a court of equity may relieve; but a court of law has no right to erroneously construe...
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The Commonwealth Law Reports: Cases Determined in the High Court of ..., Volum 4

Australia. High Court - 1907 - 1042 sider
...of a breach, are uncertain "• in amount, mutually agree that a certain sum shall be the WILEINS * damages, in case of a failure to perform, and in language plainly s"'s" T"' expressive of such agreement, I know of no sound principle or rule applicable to the construction...
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The New York Supplement, Volum 123

1910 - 1318 sider
...parties to a contract In which the damages to be ascertained growing out of a breach are uncertain in amount mutually agree that a certain sum shall...be the damages in case of a failure to perform, and the language is plainly expressive of such agreement, I know of no sound principle or rule applicable...
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The New York Supplement, Volum 123

1910 - 1320 sider
...parties to a contract in which the damages to be ascertained growing out of a breach are uncertain in amount mutually agree that a certain sum shall...the damages in case of a failure -to perform, and the language is plainly expressive of such agreement, I know of no sound principle or rule applicable...
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Lawyers' Reports Annotated, Bok 34

1911 - 1332 sider
...a breach are uncertain in amount, mutually agree, in language plainly expressive of such agreement, that a certain sum shall be the damages in case of a failure to perform, and when the intention is plain and palpable, there is no> law to justify the courts in giving the contract...
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