ATKINSON v. PACIFIC FIRE EXTINGUISHER CO.

Docket No. S.F. 18603.

40 Cal.2d 192 (1953)

253 P.2d 18

HAL M. ATKINSON et al., Respondents, v. PACIFIC FIRE EXTINGUISHER COMPANY, Appellant.

Supreme Court of California. In Bank.

February 6, 1953.


Attorney(s) appearing for the Case

Fitzgerald, Abbott & Beardsley and Charles A. Beardsley for Appellant.

Clark & Heafey, Thornton & Taylor and Augustin Donovan for Respondents.


SHENK, J.

This is an appeal from a judgment on a verdict for $97,437 in favor of the plaintiffs in an action for breach of contract. The questions presented are the effect of a prior default by the plaintiffs and the validity of a clause in a written contract fixing liquidated damages for breach of the contract.

On June 5, 1939, plaintiffs entered into a written "lease" agreement with the defendant company whereby the defendant agreed to install, maintain...

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