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 374av United States. National Railroad Adjustment BoardUten tilgangsbegrensning - Om denne boken
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| |