Max Gordon, Petitioner, Appellant, v. Carl F. Woods, Trustee, Appellee.in the Matter of the Young Corporation, Bankrupt, 203 F.2d 363 (1st Cir. 1953)
Annotate this CaseAppeal from the United States District Court for the District of Massachusetts; George C. Sweeney, Judge.
Morris Michelson, Boston, Mass., and Francis I. McCanna, Providence, R. I., for appellant.
Robert A. B. Cook, Boston, Mass., Phipps, Durgin & Cook, Boston, Mass., on brief, for appellee.
Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.
PER CURIAM.
Appellant has filed a petition for rehearing, to which appellee, at our invitation, has filed an answering memorandum. We think the petition for rehearing should be denied. 202 F.2d 476. An order to that effect will be entered.
MAGRUDER, Chief Judge (concurring).
As additional support for our view that the provision for liquidated damages is not controlling, reference might be made to 3 Williston on Contracts (Rev. ed. 1936), note 1, page 2222: "The provision for liquidated damages is also inoperative where the defendant's willful breach is in wanton disregard of the plaintiff's rights, but substantial or even punitive damages will be given."
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
