a particular contractual provision which required payment by one party to the other was found to not provide for damages and, therefore, to not be a penalty
How later courts described this case
- a particular contractual provision which required payment by one party to the other was found to not provide for damages and, therefore, to not be a penalty
Written by the judges who cited it.
The opinion
LETTS, Judge,
dissenting:
I dissent.
The majority agrees that the Bruce Builders rationale calls for equity to provide the relief. On what basis should equity assist here? The Board’s action was an arbitrary breach of a written contract which we now hold did not contain a penalty clause. I would not call on equity to help cleanse such unclean hands.