Graham v. Bickham
Graham v. Bickham
4 U.S. 128
(United States Reports)
Graham v. Bickham
Opinion of the Court
— The substance of the agreement between the parties was, to buy and sell stock. The penalty was merely superadded as a security for performance ; and not as a sum to be paid and received absolutely, in lieu of performance. The plaintiff is entitled (notwithstanding the penalty) to recover damages, commensurate with the injury suffered by a nonperformance. The judgment must, therefore, be rendered in his favor, for the full amount of the verdict.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.