
    3447.
    Abrams v. McCall Co.
    Decided September 11, 1911.
    Complaint; from city court of Fitzgerald — Judge Wall. April 24, 1911.
    
      Elkins & Wall, for plaintiff in error.
    
      Griffin & Griffin, J. J. Bull, contra.
   Powell, J.

1. Viewed in the light of the criteria announced in the case of Florence Wagon Works v. Salmon, 8 Ga. App. 197 (68 S. E. 866), and cases there cited, the amount claimed in the petition as liquidated damages was penalty, and the demurrer to the portion of the petition ■which sought a recovery therefor should have been sustained.

2. So. far as the petition sought to recover for the purcliase-price of goods sold and delivered, it was not subject to the demurrer.

Judgment affirmed in pari, and reversed in part.  