127 Va. 1 | Va. | 1920
delivered the opinion of the court.
Morris Friedberg entered into a written contract with Lydia Brown for the purchase of a lot in Newport News for $14,150, of which $100 was paid in cash and the balance of the purchase price was to be paid within thirty days, or as soon as the vendor should furnish “a perfect title and a deed with covenants of general warrantyand then the contract concluded with this clause: “Should either of the parties to this agreement fail to comply with the terms thereof, then, the party so failing, hereby agrees to pay to the other or one complying with said terms the sum of. $500 as liquidated damages for the breach of this agreement.” On the same date and before that contract had been signed, the vendor had executed her receipt for the $100 in which the same contract was substantially- embodied, except that there was no reference to the $500. The reason for the stipulation as to the $500 appears to
The vendor having refused to convey the property, at the same time expressing her willingness to pay the $500, the vendee brought his suit for specific performance, and the court having decreed in his favor, the vendor appealed.
Affirmed.