A Lecture On the Law of Contracts, Delivered Before the Association of American Government Accountants

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Rep., 603.
In Contracts the Rule is Otherwise. If the con- tract be construed as providing for a penalty, the stipula- tion therein for the payment of a certain sum in case of breach or default is not controlling, and it does not limit to that sum the Uability of a defaulting contractor.
On the contrary, when the breach has occurred, the contractor becomes liable for the actual damages which have been caused by his breach, without regard to the penalty named, and without regard to any excess ov
...er its amount.
31 See : Foley vs. McKeegan, 66 Amer. Dec. 107.
Lord vs. Gaddis, 9 Iowa, 267.
Shreve vs. Brereton, 51 Pa. St. Rep., 175.
i?aZe o» Damages, page 127.
Graham vs. Bickhan, 4 Dallas (U. S.), 143.
Amer. a«d £'«flr. Encyl. Law, Vol. 13, pp. 867 868.
Noyes vs. Phillips, 60 N. Y., 408.
For example: A man contracts to build a warehous( for the government, the contract price being thirty-fiv( thousand dollars. The work is to be completed by a cer tain date; and the contract expressly provides that ir case of the contractor's failure to so complete it he shal forfeit to the United States a penalty of fifteen thousand dollars.


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