18 FEDERAL nmronran.
postponedto all the others. By this means he may save himself by
bidding at such resale a sum sufficient to cover his claim. At the
Hrst sale there was no inducement for him to do so, as the sum bid
covered his claim where it then stood; and probably the owner of the
property has a right to have this resale made, with a view of further
satisfying the demands against him on account of it. But so far as
the sum in controversy in this case is concerned, the plaintiff has no
interest in the question. In contemplation of law, he has already re-
ceived this amount, and cannot get it again, either from the property
or its owner. He must look to the defendant, who received it in fact,
but, as it turns out, only for his use.
The demurrer is overruled.
Cmnnnsron Fnorr Co. v. Bonn.
` (Circuit Oawrt, S. D. Georgia, E'. D. November Term, 1885.)
1. CONTRACT—BREACH—MEASURE or D.mAons—PmN.u.·rr.
Notwithstanding the apparent coniiict of authorities, it is clear that where
the damages for the breach of all the stipulations of a contract are uncertain
in their character and cannot be readily ascertained, the sum fixed will be re-
garded as the settled and agreed damages; but where some of the breaches
pgealqscertainable and some not, as it IB a penalty as to some, 1E1B a penalty as
2. S.um—Auonm· ·ro mr Fomrnrrmn.
It would be manifestly at variance with the principle of just compensation,
where there are many stipulations in a contract, some trivial and some grave,
some ascertamable in damages and some not, to hold that 1t was intended a
large sum should be forfeite for any breach.
At Law.
It was agreed that the court should direct the verdict.
Gerrard ef: Meldrim, for plaintiff.
, Denmark at Adams, for defendant.
A Srmmn, J. The plaintiffs are dealers in tropical fruits in the city
of Charleston. The defendant deals in the same products in the city
of Savannah. A contract was made between these parties by which
it was agreed that the plaintiffs, from November 1·, 1884, to May 1,
1885, would sell to the defendant, and deliver on board the cars at
the Charleston & Savannah Railway depot, in Charleston, from each
vessel consigned to the plaintiffs not less than 200 nor more than 5.40
bunches of bananas, and not less than 2,500 and not more than 5,000
cocoa-nuts. For January, February, March, and April, 1885, not less
than 200.and not more than 500 bundles of bananas, and cocoa-nuts
to a number optional with defendant, but not to exceed 5,000. The
defendant agreed to receive the specified quantities of fruit and nuts
if on the ears at the depot, and then plaintiff had no further care con-
cerning them. The defendant agreed to pay forthe fruit $1.10 per