Supreme Court of Kansas, 1909

Cunningham v. Hill

Cunningham v. Hill
Supreme Court of Kansas · Decided July 3, 1909
80 Kan. 706; 102 P. 1102; 1909 Kan. LEXIS 147
Cunningham v. Hill

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1 later published case cites this decision.

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Opinion of the Court

Per Curiam:

The contract upon which this action was brought provided for a penalty in case of breach and not for stipulated damages. The principles of law governing the case are fully stated and well illustrated in the following decisions of this court: St. L. & S. F. Rly. Co. v. Shoemaker, 27 Kan. 677; Heatwole v. Gorrell, 35 Kan. 692; Condon v. Kemper, 47 Kan. 126; Land Co. v. Barton, 51 Kan. 554; Davidson v. Hughes, 76 Kan. 247; Railroad Co. v. Gaba, 78 Kan. 432; Bank v. Burlington, 79 Kan. 797.)

The judgment of the district court is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.