CLOVER DAIRY CO. v. MISLER

No. 1138.

85 A.2d 914 (1952)

CLOVER DAIRY CO., Inc., to Use of BETTAR ICE CREAM CO., Inc. v. MISLER et al.

Municipal Court of Appeals for the District of Columbia.

Decided January 11, 1952.

Rehearing Denied February 8, 1952.


Attorney(s) appearing for the Case

John C. Dougherty, Washington, D. C., (Robert J. Hawkins, Washington, D. C., on the brief), for appellant.

Milford F. Schwartz and Don S. Willner, Washington, D. C., for appellees.

Before CAYTON, Chief Judge, and HOOD and QUINN, Associate Judges.


QUINN, Associate Judge.

Clover Dairy Company, a Maryland corporation, entered into a contract with Greenway Pharmacy September 21, 1946, to supply it with ice cream for a period of five years. This contract contained a liquidated damage clause for $2,000. In October 1947 Greenway Pharmacy refused to accept merchandise.

In January 1948 suit was filed by the dairy company to recover liquidated damages provided for in...

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