Kemble v. Farren
Court of Common Pleas
130 Eng. Rep. 1234 (1829)
Farren (defendant) contracted with Kemble (plaintiff), the manager of Covent Garden Theater, to perform as the principal comedian for four seasons. The parties entered into a contract stipulating that £1,000 would be the damages should any party breach the contract in full in any way or breach any part thereof. The contract stated that this amount constituted liquidated damages and not a penalty. Farren refused to act during the second season. Kemble brought suit and the jury awarded him £750.
Rule of Law
Holding and Reasoning (Tindal, C.J.)