ABBOTTS DAIRIES, INC., v. SHERMAN ET AL.


81 Pa. D. & C. 188 (1952)

Abbotts Dairies, Inc., v. Sherman et al.

Common Pleas Court of Lancaster County, Pennsylvania.

January 18, 1952.


Attorney(s) appearing for the Case

Windolph & Johnstone, for plaintiff.

Jacques H. Geisenberger, for defendants.


SCHAEFFER, P.J., January 18, 1952.

Plaintiff filed its complaint in an action of assumpsit to recover the sum of $100 as liquidated damages under the provisions of a written contract between the parties for the installation and servicing of refrigerating equipment in defendants' premises. The fifth paragraph of the agreement provides as follows:

"Without prejudice to the assertion by the Company of any of its rights hereunder, the parties agree that the Customer...

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