STEWART v. BASEY

No. A-3346.

245 S.W.2d 484 (1952)

STEWART et ux. v. BASEY.

Supreme Court of Texas.

January 16, 1952.


Attorney(s) appearing for the Case

E. M. DeGuerin, Austin, for petitioners.

Smith & Furr, Austin, for respondents.


HICKMAN, Chief Justice.

The controlling question in this case is whether the language quoted below stipulating the damages recoverable for the breach of a lease contract is a provision for liquidated damages or for a penalty. The trial court construed it as a provision for a penalty and, finding that the lessor suffered no damages by lessee's breach except $38.50 caused by the destruction of a partition door in one of the leased buildings, rendered judgment for that...

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