For Your Data Colonial At Lynnfield, Inc. V. Sloan Representative Brief
September 16, 2019
Edit
Colonial at Lynnfield, Inc. v. Sloan instance brief summary
870 F.2d 761 (1989)
CASE FACTS
Plaintiff seller in addition to accused prospective buyer entered into a contract for the sale of an involvement inwards a hotel. The contract provided for liquidated damages inwards the lawsuit that accused breached the agreement. Although the contract provided a deadline past times which the sale was to possess got place, accused requested an extension which plaintiff granted. Defendant afterwards failed to purchase the hotel in addition to plaintiff later sold the involvement to about other buyer, at a higher price. Plaintiff filed adjust alleging that accused breached the contract in addition to that it was entitled liquidated damages. Defendant sought review of the trial court's determination which held that accused had violated the terms of the understanding in addition to awarded plaintiff liquidated damages.
DISCUSSION
CONCLUSION
The courtroom affirmed the trial court's determination finding accused prospective buyer breached the contract only reversed the abide by of liquidated damages. The courtroom held that the liquidated damages could non last awarded because it was tardily to ascertain that plaintiff seller had suffered no actual damages every 2nd a number of the breach.
Suggested police describe schoolhouse written report materials
Shop Amazon for the best prices on Law School Course Materials
.
870 F.2d 761 (1989)
CASE SYNOPSIS
Defendant prospective buyer sought review of the determination of the the States District Court for the District of Massachusetts, which held that accused had breached a contract for the sale of an involvement inwards a hotel in addition to concluded that plaintiff seller was entitled to liquidated damages nether the contract.Baca Juga
Plaintiff seller in addition to accused prospective buyer entered into a contract for the sale of an involvement inwards a hotel. The contract provided for liquidated damages inwards the lawsuit that accused breached the agreement. Although the contract provided a deadline past times which the sale was to possess got place, accused requested an extension which plaintiff granted. Defendant afterwards failed to purchase the hotel in addition to plaintiff later sold the involvement to about other buyer, at a higher price. Plaintiff filed adjust alleging that accused breached the contract in addition to that it was entitled liquidated damages. Defendant sought review of the trial court's determination which held that accused had violated the terms of the understanding in addition to awarded plaintiff liquidated damages.
DISCUSSION
- The courtroom affirmed the trial court's conclusion that accused had breached the agreement, which was revived past times defendant's asking for an extension, only reversed the abide by of liquidated damages.
- Although the courtroom concluded that the liquidated damages clause was reasonable at the fourth dimension the contract was signed, liquidated damages could non last awarded to plaintiff because it was easily ascertainable that plaintiff had non suffered whatever actual damages.
The courtroom affirmed the trial court's determination finding accused prospective buyer breached the contract only reversed the abide by of liquidated damages. The courtroom held that the liquidated damages could non last awarded because it was tardily to ascertain that plaintiff seller had suffered no actual damages every 2nd a number of the breach.
Suggested police describe schoolhouse written report materials
Shop Amazon for the best prices on Law School Course Materials
. 