SMITH v. ROYAL MFG. CO.

Docket No. 18915.

185 Cal.App.2d 315 (1960)

8 Cal. Rptr. 417

FLORA SMITH, Respondent, v. ROYAL MANUFACTURING COMPANY (a Fictitious Name) et al., Appellants.

Court of Appeals of California, First District, Division Two.

October 17, 1960.


Attorney(s) appearing for the Case

Rhein & Dienstag, Edward Dienstag and Kirk L. Kirk for Appellants.

Knight, Boland & Riordan and Richard J. Kilmartin for Respondent.


McGOLDRICK, J. pro tem.*

This is an appeal by defendants, as garnishees, from a judgment holding that a liquidated damages provision in a contract between Royal Manufacturing Company, defendant and appellant herein, and one A.R. Montgomery, the judgment debtor of plaintiff and respondent herein, was void, and that money retained under said liquidated damages provision was a debt owing to A.R. Montgomery.

On April 23, 1953, A.R...

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