 The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.  California Appellate Decisions - Page 314by California. District Courts of Appeal - 1914Full view - About this book
 | California, California. Commission to Revise the Laws of California - 1871 - 894 pages
...clauses. NYCC, Sec. 829. 111.111 • " " SEC. 1670. Every contract by which the amount ot' age«, void, damage to be paid, or other compensation to be made,...except as expressly provided in the next section. NYCC, Sec. 830. Kxception. SEC. 1671. The parties to a contract may agree therein upon an amount which... | |
 | California - 1872 - 728 pages
...by which the amount of contract damage to be paid, or other compensation to be made, age",8™?™" for a breach of an obligation, is determined in anticipation thereof, is to that extent void, except as ex-' pressly provided in the next section. 1671. The parties to a contract may agree therein Exception.... | |
 | California - 1876 - 612 pages
...against the policy of the law. § 1669 of said Code is repealed. [In effect July 1, 1874.) § 1670. Every contract by which the amount of damage to be...is determined in anticipation thereof, is to that ex tent void, except as expressly provided in the next section. § 1671. The parties to a contract... | |
 | California - 1876 - 624 pages
...against the policy of the law. § 1669 of said Code is repealed. [In effect July 1, 1874-1 § 1670. Every contract by which the amount of damage to be...or other compensation to be made, for a breach of ail obligation, is determined in anticipation thereof, is to that extent void, except as expressly... | |
 | 1906 - 2090 pages
...the time the agreement was made and the case tried, contains the following provision : "Section 2243: Every contract by which the amount of damage to be...except as expressly provided in the next section. "Section 2244: The parties to a contract may agree therein upon an amount which shall be presumed to... | |
 | 1889 - 1166 pages
...any event, the following sections of the Civil Code seem to be controlling in the matter. "Sec. 1670. Every contract by which the amount of damage to be...except as expressly provided in the next section. Sec. 1671. The parties to a contract may agree therein upon an amount which shall be presumed to be... | |
 | 1915 - 1200 pages
...1910 (section 1126, Сотр. Laws 1909), provides: "Every contract, by which the amount of damages to be paid, or other compensation to be made, for...to that extent void, except as expressly provided by the next section." This section, which seems to be but an expression of the general law, is somewhat... | |
 | 1922 - 1148 pages
...attempt to avoid the application of sections 1C70 and 1671 of the Civil Code wherein It is declared that "every contract by which the amount of damage to be...obligation, Is determined in anticipation thereof" shall be void, except "when, from the nature of the case, it would •oe impracticable or extremely... | |
 | 1892 - 1156 pages
...Code Cal. §"1670, provides that "every contract by which the amount of damages to bo paid • * * for a breach of an obligation Is determined in anticipation...that extent void, except as expressly provided in next section. " Section 1671 provides that "the parties to a contract may agree therein upon an amount... | |
 | 1914 - 1230 pages
...Civ. Codo, § 1<)70, providing that every contract by which the amount of damage for a breach thereof is determined in anticipation thereof is to that extent...except as expressly provided in the next section, must be presumed to apply in all cases, unless the party seeking to recover upon the agreement pleads... | |
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