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CITY OF KINSTON v. SUDDRETH

No. 356.

146 S.E.2d 660 (1966)

266 N.C. 618

CITY OF KINSTON, a municipal corporation v. H. C. SUDDRETH.

Supreme Court of North Carolina.

March 2, 1966.

Attorney(s) appearing for the Case

George B. Greene, Kinston, for plaintiff appellant.

C. E. Gerrans, Kinston, for defendant appellee.

SHARP, Justice.

Defendant demurred on the ground that, in their contract, the parties had expressly fixed and limited the maximum amount of damages which the City could recover from him in the event he failed to comply with his bid; that he had the alternative to perform or to forfeit; and that the City, therefore, can recover no more than the agreed amount which the parties had denominated "liquidated damages." Plaintiff's position is that the contract provision...

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