Kemble v. Farren

6 Bing. 141, 130 Eng. Rep. 1234 [1829]

Facts

Farren (D) agreed to act as a comedian at the Theater Royal and Kemble (P) agreed to pay D. The contract has a liquidated damages clause in it for 1000 pounds if either party breached the agreement. P claimed that D breached the contract in the second season and the jury awarded P damages of 750 pounds. P appealed in order to get the 1000 pounds called for in the contract.