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Contract – Liquidated damages
Summary by Michigan Lawyers Weekly
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1 Articles
Contract – Liquidated damages
Where a defendant has asserted a counterclaim seeking liquidated damages, the plaintiff should be granted summary disposition because the liquidated damages provision in the parties’ Marketing Agreement constitutes a penalty under Fed Elec Co v Nat’l Serv Stations, 255 Mich 425; 238 NW 174, 174–75 (1931). “Both sides argue that they are entitled to summary
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