Contracts Keyed to Dawson
Porter v. Harrington
The contract required the Plaintiff to make installment payments, but he did so without regularity. When offering to make a payment, Plaintiff was notified that Defendants chose to exercise their option under the contract to close the account. Plaintiff was able and offered to pay the full amount due, but Defendants declined and claimed the right to keep the money paid in by the Plaintiff as liquidated damages. The contract stated that “prompt performance and time are the nature and essence of this contract,” and permitted the Defendants to declare the agreement null and void if the Plaintiff failed to make a payment for 31 days. The contract also provided that no waiver of a breach would constitute a waiver of any subsequent breach. The lower judge entered a decree in favor of the Plaintiff.
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