Bagley v. Peddie’s Empirical Analysis

Citation profile

2 federal appellate · 10 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Whore it is doubtful on the face of the instrument whether the sum mentioned was intended to be stipulated damages or a penalty to cover actual damages, the courts hold it to be the latter. (2) On the contrary, whore the language used is clear and explicit to that effect, the amount is to he deemed liquidated damages, however extravagant, it may appear, unless the instrument he qualified by some of the circumstances hereafter mentioned. (3) If the instrument, provide that a larger sum shall be paid on the failure of the party to pay a less sum, in the manner prescribed, the larger is a penalty, whatever may be the language used in describing it. (4) When the covenant is for the performance of a single act or acts, which are not measurable by any exact pecuniary standard, and it is agreed that the party covenanting Hindi pay a stipulated sum as damages for a violation of any such covenants, that, sum is to he detuned liquidated damages, and not a penalty. (i>) Where the agreement secures the performance or omission of various acts of the kind mentioned in the last proposition, together with one or more acts in respect to which the damages on a breach of the covenant axe certain or readily ascertainable hy a jury, and there is a sum stipulated as damages to be paid by each party to the other for a breach of any one of the covenants, such sum is hold to he a penalty merely.””

   1 later decision quote this exact passage
   e.g. Gay Manuf'g Co. v. Camp

2. ““Vi here there are several covenants or stipulations in an agreement, the damages tor the nonperformance of some of which are readily ascertainable by a jury, and the damages for the nonperformance of the, others are not measurable by any exact pecuniary standard, and a ‘sum is named as damages for a breach of any of the covenants or stipulations, such a sum is held to be a penalty.””

   1 later decision quote this exact passage
   e.g. East Moline Co. v. Weir Plow Co.