190 F. 544 | 8th Cir. | 1911
This .is an action .by the Tie Company to recover of the Railroad Company the unpaid balance of the value of 378,392 cross-ties which the plaintiff had sold and delivered to the defendant. At the trial the parties stipulated that the price and value of these ties was $95,606.26, that 90 per cent, of this amount had been paid, and that the remaining $9,560.62 had been retained by
“In caso default is made by the party of the first part in delivery of the full quantity of cross-ties herein contracted for at the time specified, the 10 per cent, of contract price retained shall he applied by party of the second part in satisfaction of its liquidated damages.”
No evidence of the actual damages sustained by the Railroad Company on account of the failure to deliver the 21,608 Lies was introduced or offered, and the court instructed the jury to return a verdict for the plaintiff for the $9,560.62 and interest.
There was, therefore, no error in the court’s direction to the jury to return a verdict for the Tie Company, and the judgment in its favor is affirmed.