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Wise v. Stannard, 249 U.S. 361 (1919)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Wise v. Stannard, 249 U.S. 361 (1919)
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Wise v. Stannard No. 214 Argued March 11, 1919 Decided March 31, 1919 249 U.S. 361
APPEAL FROM THE COURT OF CLAIMS
Syllabus
In a contract for the construction of two government laboratory buildings, it was provided that, in case the completion of the work should be delayed beyond a period allowed, the United States, in view of the difficulty of estimating the resulting damages with exactness, and for the cost of extra inspection and rents, salaries, and other expenses that would be entailed, might deduct $200 for each day of delay, until the work should be completed, not as a penalty, but as liquidated damages, computed, estimated and agreed upon. There was such delay, as to both buildings, that the amount thus computed exceeded $20,000. Held that the fact that the amount specified was to be the same whether both buildings were delayed or only one was not a sufficient reason for considering it a penalty, nor was there other ground for not giving effect to the agreement as a genuine pre-estimate of loss. P. 364. Sun Printing & Publishing Association v. Moore, 183 U.S. 642.
Whether a party should be relieved from a plain stipulation for liquidated damages upon the ground that a penalty was really intended will depend upon the facts of the case, and not upon a conjectural situation that might have arisen under the contract. Id.
52 Ct.Clms. 400 affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Wise v. Stannard, 249 U.S. 361 (1919) in 249 U.S. 361 249 U.S. 363. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=EKLYJ8FEGF2KNM9.
MLA: U.S. Supreme Court. "Syllabus." Wise v. Stannard, 249 U.S. 361 (1919), in 249 U.S. 361, page 249 U.S. 363. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=EKLYJ8FEGF2KNM9.
Harvard: U.S. Supreme Court, 'Syllabus' in Wise v. Stannard, 249 U.S. 361 (1919). cited in 1919, 249 U.S. 361, pp.249 U.S. 363. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=EKLYJ8FEGF2KNM9.
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