Abrams v. McCall Co.
72 S.E. 64, 9 Ga. App. 699, 1911 Ga. App. LEXIS 298
Opinion
1. Viewed in the light of the criteria announced in the case of Florence Wagon Works v. Salmon, 8 Ga. App. 197 (68 S. E. 866), and cases there cited, the amount claimed in the petition as liquidated damages was penalty, and the demurrer to the portion of the petition ■which sought a recovery therefor should have been sustained.
2. So. far as the petition sought to recover for the purcliase-price of goods sold and delivered, it was not subject to the demurrer.
Judgment affirmed in pari, and reversed in part.
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Abrams v. McCall Co., 72 S.E. 64, 9 Ga. App. 699, 1911 Ga. App. LEXIS 298 (Ga. Ct. App. 1911).
72 S.E. 64 (Abrams v. McCall Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Florence Wagon Works v. Salmon
68 S.E. 866 (Court of Appeals of Georgia, 1910)