 | Great Britain. Court of Chancery, William Brown - 1819 - 600 pages
...made payable upon the face of the same instrument, it should then be construed to be a penalty; that where articles contain covenants for the performance...breach of performance, that must be considered as apenalty. Lord Eldon also reprobated the principle stated in several cases, that if the sum would be... | |
 | Robert Henley Eden Baron Henley - 1821 - 514 pages
...payable upon the face of the same instrument, it should then be construed to be a penalty: so also where articles contain covenants for the performance...at the end, to be paid upon breach of performance; but the argument, that if the sum would be disproportionately large as liquidated damages, it should... | |
 | Sir John Comyns - 1822 - 604 pages
...other 2001. This sum is iu the nature of a penalty, and not of liquidated damages. 2 Bos. & Pul. 346. Where articles contain covenants for the performance...then one large sum is stated at the end to be paid on breach of performance, that must be considered as a penalty. But where it is agreed, that if a party... | |
 | Sir Charles Harcourt Chambers - 1823 - 1084 pages
...only difficulty which has occurred is, whether such a sum should be considered as a penalty, or as liquidated damages. Where articles contain covenants...and then one large sum is stated at the end to be payable on the breach of performance, it has been thought that it ought to be considered as a penalty.... | |
 | Samuel Comyn - 1824 - 680 pages
...secured by a larger, it must always be considered as a penalty, and not as liquidated damages. So, where articles contain covenants for the performance...then one large sum is stated at the end to be paid on breach of performance, that must be considered as a penalty. (/<) So, where a doubt is stated whether... | |
 | Sir John Comyns - 1825 - 576 pages
...other 200/. This sum is in the nature of a penalty, and not of liquidated damages. 2 Bos. & PuJ. 346. Where articles contain covenants for the performance of several things, and then ene large sum is stated at the en'l to be paid on breach of performance, that musà be considered as... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - 1826 - 768 pages
...Astley v. Weldon, that " where articles contain covenants for the performance of several things, and one large sum is stated at the end to be paid upon breach of performance, it must be considered as a penalty." There, however, the agreement did not contain the words which... | |
 | 1827 - 932 pages
...considered as a penalty; and Mr. Justice Heath is reported to have laid down this principle, that " where articles contain covenants for the performance...performance, that must be considered as a penalty." If that principle be correct, it decides the present question, and if then applicable, is still more... | |
 | John Simcoe Saunders - 1831 - 598 pages
...any general principles in cases of this kind ; but I think there is one which may be safely stated. Where articles contain covenants for the performance of several things, and then one large r*1501 sum is stated at the end to be paid upon *breach of performance, that must be considered as... | |
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Where articles contain covenants for the performance of several things, and then one large sum is stated at die end to be paid upon breach of performance, that must be considered as a penalty... 
