EVANS, Justice.
The principal question in this case is whether the trial court properly determined, as a matter of law, that the plaintiff's claim for stipulated damages under an equipment lease contract was unenforceable as a penalty. We hold that it did not.
The defense of penalty was not specially pleaded by the defendants, but at the close of the plaintiff's case-in-chief, the trial court granted the defendants' motion for instructed verdict and entered...
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