E. Greenblatt v. Mccall & Company

WHITFIELD, J. -- The McCall Company brought an action against Greenblatt, the first count of the declaration being for the value of goods sold and delivered under a special contract; the second count is for liquidated damages for an alleged breach of the special contract; the remaining being common counts. A demurrer to the second count was overruled. Special pleas that the contract being executed and delivered on Sunday is void and that defendant's signature to the contract was secured by misrepresentations, were overruled on demurrer. The defendant declining to plead further, judgment for the plaintiff was rendered in $419. 84 for goods sold and delivered, and $1,079,60 as ""damages for the breach of the contract,"" with interest. The defendant took writ of error, and assigns for error the orders of the court in overruling the demurrer to the second count of the declaration, in sustaining demurrers to the pleas and in entering judgment for the plaintiff.