Wendell J. Curtis, as Assignee for the Benefit of Creditors of Sidney B. Roby, Respondent v. Frederick W. Van Bergh…

Summary

The Court held that the $50‑per‑day provision in the lease contract is enforceable as liquidated damages, not a penalty, because the clause’s language is clear, the actual damages were uncertain, and the sum is not out of proportion to the probable loss. Accordingly, the trial court’s directed verdict for the plaintiff was reversed and the case was remanded for a new trial.