
    T. A. Cunningham v. R. W. Hill et al., as Partners, etc.
    
    No. 16,140.
    
      Contracts — Penalty—Liquidated Damages. A stipulation in a contract held to provide for a penalty and not for liquidated damages.
    Error from Jackson district court; Marshall GepHART, judge.
    Opinion filed July 3, 1909.
    Affirmed.
    
      Horace M. Baldwin, for the plaintiff in error.
    
      A. E. Crane, E. D. Woodburn, and F. T. Woodburn, for the defendants in error.
   Per Curiam:

The contract upon which this action was brought provided for a penalty in case of breach and not for stipulated damages. The principles of law governing the case are fully stated and well illustrated in the following decisions of this court: St. L. & S. F. Rly. Co. v. Shoemaker, 27 Kan. 677; Heatwole v. Gorrell, 35 Kan. 692; Condon v. Kemper, 47 Kan. 126; Land Co. v. Barton, 51 Kan. 554; Davidson v. Hughes, 76 Kan. 247; Railroad Co. v. Gaba, 78 Kan. 432; Bank v. Burlington, 79 Kan. 797.)

The judgment of the district court is affirmed.  