DocketNumber: 3447
Citation Numbers: 9 Ga. App. 699, 72 S.E. 64, 1911 Ga. App. LEXIS 298
Judges: Powell
Filed Date: 9/11/1911
Status: Precedential
Modified Date: 11/8/2024
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.