Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Berg v. Slaff, 125 A.2d 844 (1956)

Citation
Berg v. Slaff, 125 A.2d 844 (1956)
Parent Document
Berg v. Slaff, 125 A.2d 844 (1956)
Jurisdiction
DC (municipal)
Effective Date
1956-10-12

Full Text

503 chars
Of primary importance is the intention of the parties as reflected by the language they employ, and even should the stipulated sum not be disproportionate to the actual damages, if it is readily seen that the parties did not intend the agreement to be one for liquidated damages, such intention will prevail. This does not mean the mere use or nonuse of the term “liquidated damages” is controlling; as in any contract the intention of the parties is determined by examining the instrument as a whole. 4