MAMMOTH HOME CORP. v. SIMPSON


21 Misc.2d 362 (1959)

Mammoth Home Improvement Corp., Plaintiff, v. James F. Simpson et al., Defendants.

Supreme Court, Trial Term, Nassau County.

December 18, 1959.


Attorney(s) appearing for the Case

Schneider & Fazio for plaintiff.

John C. Schaeffer for defendants.


FRED J. MUNDER, J.

The complaint sets forth two causes of action for breach of contract. In the first cause of action the contract was for the erection of a one-car garage for the sum of $1,600. As to this plaintiff sues for $552, basing the claim on a clause of the contract which provides for liquidated damages of 30% of the total contract price and an additional 15% for attorney's fees. In the second cause...

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