Does the term 'liquidated damages' apply to a claim for liquidated damages?

California, United States of America


The following excerpt is from Folden v. Lobrovich, 171 Cal.App.2d 627, 341 P.2d 368 (Cal. App. 1959):

The employment of the term 'liquidated damages' to describe the consideration paid by plaintiffs for the promises of defendant was, of course, unfortunate. However, this misdescription does not alter the nature or legal effect of the payment. In Kuhlemeier v. Lack, 50 Cal.App.2d 802, 123 P.2d 918, a case quite similar on its facts to the case at bar, the lessee was, by the terms of the lease, given the right to terminate the lease prior to its stated term, in which event, however, he would 'forfeit' the advance rentals

Page 370

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