 The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.  An Act to Establish a Civil Code: Jan. 14, 1885 - Page 166by New York (State). - 1885 - 404 pagesFull view - About this book
 | California, California. Commission to Revise the Laws of California - California - 1871 - 894 pages
...extent void, except as expressly provided in the next section. NYCC, Sec. 830. Kxception. SEC. 1671. The parties to a contract may agree therein upon an amount which shall bo presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the... | |
 | California - Civil law - 1876 - 626 pages
...anticipation thereof, is to that extent void, except as expressly provided in the next section. § 1671. The parties to a contract may agree therein upon an...by a breach thereof, when, from the nature of the ease, it would be impracticable or extremely difficult to fix the actual damage. § 1672 of said Code... | |
 | California - Civil law - 1876 - 612 pages
...anticipation thereof, is to that ex tent void, except as expressly provided in the next section. § 1671. The parties to a contract may agree therein upon an...which shall be presumed to be the amount of damage snstained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely... | |
 | Law reports, digests, etc - 1906 - 2090 pages
...thereof, is to that extent, void, except as expressly provided in the next section. "Section 2244: The parties to a contract may agree therein upon an...or extremely difficult to fix the actual damage." In Illinois there is no statute upon the subject. Two questions, therefore, are raised. First : Is... | |
 | Law reports, digests, etc - 1899 - 1156 pages
...to that extent void, except as expressly provided in the next section." Section 1G71: "The parlies to a contract may agree therein upon an amount which...or extremely difficult to fix the actual damage." We think, under the provisions of the Code quoted, that clause of the lease as to the penalty of $1,000... | |
 | Law reports, digests, etc - 1892 - 1156 pages
...void, except as expressly provided in the next section." Section 1071: "The parties to a con tract may agree therein upon an amount which shall be presumed...of damage sustained by a breach thereof, when from t be nature of the case it would he iuipractica^ ble orextremely ditlicult to fix the actual damage."... | |
 | Law reports, digests, etc - 1914 - 1230 pages
...penalty, and not as liquidated damages, has been modified by Civ. Code, § 1671. which provides that the parties to a contract may agree therein upon an...which shall be presumed to be the amount of damage from a breach thereof, when from the nature of the case it would be impracticable or extremely difficult... | |
 | Law reports, digests, etc - 1885 - 968 pages
...clearly ascertainable in both their nature and origin;" but section 1071 of the same Code declares that "the parties to a contract may agree therein upon...amount which shall be presumed to be the amount of damages sustained by a breach thereof, when, from the nature of the case, it would be impracticable,... | |
 | Law reports, digests, etc - 1889 - 1166 pages
...anticipation thereof, is to that extent void, except as expressly provided in the next section. Sec. 1671. The parties to a contract may agree therein upon an amount which shall be presumed to be the amountof damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable... | |
 | Law reports, digests, etc - 1919 - 1020 pages
...compensations to be made for breach of said obligation in anticipation thereof was void except where from the nature of the case it would be impracticable or extremely difficult to fix the actual damages. In that case no actual damages were alleged, and the question as to whether the contract had... | |
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