Supreme Court of the United States, 1796

Graham v. Bickham

Graham v. Bickham
Supreme Court of the United States · Decided December 1, 1796
4 U.S. 149; 4 Dall. 149; 1 L. Ed. 778; 1796 U.S. LEXIS 413 (United States Reports)
Graham v. Bickham

Cases that cite this one

3 later published cases cite this decision.

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Opinion

4 U.S. 149 (____)
4 Dall. 149

Graham
versus
Bickham.

Supreme Court of United States.

The case was argued by E. Tilghman and Ingersoll, for the plaintiff.

Lewis and Rawle, for the defendant.

*150 By 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 non-performance. The judgment must, therefore, be rendered in his favour, for the full amount of the verdict.

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