Georgia Land & Cotton Co. v. Flint
This text of 35 Ga. 226 (Georgia Land & Cotton Co. v. Flint) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Without deciding whether the condition of the agreement was, in fact, stipulated damages or a penalty, there is one view of this case decisive upon the question. Mr. Flint was sworn on the arbitration, and testified that his damages were more than $4,000, for want of punctuality on the part of Oliver to settle; and there was no contradictory evidence to rebut this proof. So, whether we consider this as strictly a case of stipulated damages, or only a forfeiture, the result is the same, as the actual damage is proven to have exceeded this sum.
The judgment, must therefore, be affirmed.
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35 Ga. 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgia-land-cotton-co-v-flint-ga-1866.