Georgia Court of Appeals, 1911

Abrams v. McCall Co.

Abrams v. McCall Co.
Georgia Court of Appeals · Decided September 11, 1911 · Powell
9 Ga. App. 699; 72 S.E. 64; 1911 Ga. App. LEXIS 298

Abrams v. McCall Co.

Opinion of the Court

Powell, J.

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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