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NORTHEAST MOTOR COMPANY v. NEAL

No. 2552.

162 A.2d 287 (1960)

NORTHEAST MOTOR COMPANY, a corporation, Appellant, v. Ethel Bernice NEAL, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided June 28, 1960.

Attorney(s) appearing for the Case

Charles B. Sullivan, Jr., Washington, D. C., for appellant.

Barrington D. Parker, Washington, D. C., with whom George A. Parker, Washington, D. C., was on the brief, for appellee.

Before HOOD and QUINN, Associate Judges, and CAYTON (Chief Judge, Retired) sitting by designation under Code, § 11-776(b).

QUINN, Associate Judge.

Plaintiff-appellant sued defendant-appellee for her alleged failure to take delivery of an automobile ordered from one of its salesmen. The amount claimed as liquidated damages, in accordance with the purchase order, was ten percent of the sale price of $2,684.80, less minor deductions. The trial court held that the purchase order contract provided not for liquidated damages but for a penalty, and for that reason gave appellee judgment. This...

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