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8 Alabama opinions name it 2 courts 1991–2026 1 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Camelot Music, Inc. v. MARX REALTY & IMP. CO.green2 sentences2026The Camelot Court held that the provision in that case did not constitute a penalty provision because the recovery provided for was reasonably related to the loss that resulted from the breach of the lease. 514 So. 2d at 991 ("Because the liquidated damages assessed here are those that [the lessee] reasonably could have expected to result from its breach of the contract, we hold that the liquidated damages clause of the contract was not a penalty …."). 2010“Th[e Supreme] Court set forth the criteria for assessing the validity of liquidated damages clauses in Camelot Music, Inc. v. Marx Realty & Improvement Co., 514 So.2d 987 (Ala.1987): “Tt is true in Alabama that, because penalty provisions are void as against public policy, “Courts ... are disposed to lean against any interpretation of a contract which will make the provision one for liquidated damages and, in all cases of doubtful intention, will pronounce the stipulated sum a penalty.” Cook v. Brown, 408 So.2d 143, 144 (Ala.Civ.App.1981); see also, Keeble v. Keeble, 85 Ala. 552 , 5 So. 149 ( | 1 | 3 |
Keeble v. Keeblegreen1 sentence2010“Th[e Supreme] Court set forth the criteria for assessing the validity of liquidated damages clauses in Camelot Music, Inc. v. Marx Realty & Improvement Co., 514 So.2d 987 (Ala.1987): “Tt is true in Alabama that, because penalty provisions are void as against public policy, “Courts ... are disposed to lean against any interpretation of a contract which will make the provision one for liquidated damages and, in all cases of doubtful intention, will pronounce the stipulated sum a penalty.” Cook v. Brown, 408 So.2d 143, 144 (Ala.Civ.App.1981); see also, Keeble v. Keeble, 85 Ala. 552 , 5 So. 149 ( | 1 | 1 |
Waltman v. Rowellgreen1 sentence2010Standard of Review “ ‘ “ ‘[W]hen a trial court hears ore tenus testimony, its findings on disputed facts are presumed correct and its judgment based on those findings will not be reversed unless the judgment is palpably erroneous or manifestly unjust.’ ” ’ Water Works & Sanitary Sewer Bd. v. Parks, 977 So.2d 440, 448 (Ala.2007) (quoting Fadalla v. Fadalla, 929 So.2d 429, 438 (Ala.2005), quoting in turn Philpot v. State, 843 So.2d 122, 125 (Ala.2002)). ‘ “The presumption of correctness, however, is rebuttable and may be overcome where there is insufficient evidence presented to the trial court | 1 | 1 |
Dennis v. Dobbsgreen1 sentence2010Standard of Review “ ‘ “ ‘[W]hen a trial court hears ore tenus testimony, its findings on disputed facts are presumed correct and its judgment based on those findings will not be reversed unless the judgment is palpably erroneous or manifestly unjust.’ ” ’ Water Works & Sanitary Sewer Bd. v. Parks, 977 So.2d 440, 448 (Ala.2007) (quoting Fadalla v. Fadalla, 929 So.2d 429, 438 (Ala.2005), quoting in turn Philpot v. State, 843 So.2d 122, 125 (Ala.2002)). ‘ “The presumption of correctness, however, is rebuttable and may be overcome where there is insufficient evidence presented to the trial court | 1 | 1 |
Water Works & Sanitary Sewer Bd. v. Parksgreen1 sentence2010Standard of Review “ ‘ “ ‘[W]hen a trial court hears ore tenus testimony, its findings on disputed facts are presumed correct and its judgment based on those findings will not be reversed unless the judgment is palpably erroneous or manifestly unjust.’ ” ’ Water Works & Sanitary Sewer Bd. v. Parks, 977 So.2d 440, 448 (Ala.2007) (quoting Fadalla v. Fadalla, 929 So.2d 429, 438 (Ala.2005), quoting in turn Philpot v. State, 843 So.2d 122, 125 (Ala.2002)). ‘ “The presumption of correctness, however, is rebuttable and may be overcome where there is insufficient evidence presented to the trial court | 1 | 1 |
Fadalla v. Fadallagreen1 sentence2010Standard of Review “ ‘ “ ‘[W]hen a trial court hears ore tenus testimony, its findings on disputed facts are presumed correct and its judgment based on those findings will not be reversed unless the judgment is palpably erroneous or manifestly unjust.’ ” ’ Water Works & Sanitary Sewer Bd. v. Parks, 977 So.2d 440, 448 (Ala.2007) (quoting Fadalla v. Fadalla, 929 So.2d 429, 438 (Ala.2005), quoting in turn Philpot v. State, 843 So.2d 122, 125 (Ala.2002)). ‘ “The presumption of correctness, however, is rebuttable and may be overcome where there is insufficient evidence presented to the trial court | 1 | 1 |
Cook v. Browngreen1 sentence2010“Th[e Supreme] Court set forth the criteria for assessing the validity of liquidated damages clauses in Camelot Music, Inc. v. Marx Realty & Improvement Co., 514 So.2d 987 (Ala.1987): “Tt is true in Alabama that, because penalty provisions are void as against public policy, “Courts ... are disposed to lean against any interpretation of a contract which will make the provision one for liquidated damages and, in all cases of doubtful intention, will pronounce the stipulated sum a penalty.” Cook v. Brown, 408 So.2d 143, 144 (Ala.Civ.App.1981); see also, Keeble v. Keeble, 85 Ala. 552 , 5 So. 149 ( | 1 | 1 |
Philpot v. Stategreen1 sentence2010Standard of Review “ ‘ “ ‘[W]hen a trial court hears ore tenus testimony, its findings on disputed facts are presumed correct and its judgment based on those findings will not be reversed unless the judgment is palpably erroneous or manifestly unjust.’ ” ’ Water Works & Sanitary Sewer Bd. v. Parks, 977 So.2d 440, 448 (Ala.2007) (quoting Fadalla v. Fadalla, 929 So.2d 429, 438 (Ala.2005), quoting in turn Philpot v. State, 843 So.2d 122, 125 (Ala.2002)). ‘ “The presumption of correctness, however, is rebuttable and may be overcome where there is insufficient evidence presented to the trial court | 1 | 1 |
SHADES, ETC. v. Cobbs, Allen & Hall Mortg. Co.green2 sentences2000Co. , 390 So.2d 601 , 611 (Ala. 1980). *Page 467 The contract for the sale of Comer Plantation included a liquidated-damages clause, which provided: "Should the buyer fail to consummate the purchase of the property on or before the Closing Date, the conditions to Buyer's Obligations set forth in this Contract having been satisfied, and Seller not being in default hereunder, Seller may: "(1) Retain the earnest money, and cancel this Contract with each party being relieved of any further obligation to the other hereunder . . . ." After Fisher signed this contract, he sent Locators a check for $5 2000Co., 390 So.2d 601, 611 (Ala.1980). *467 The contract for the sale of Comer Plantation included a liquidated-damages clause, which provided: "Should the buyer fail to consummate the purchase of the property on or before the Closing Date, the conditions to Buyer's Obligations set forth in this Contract having been satisfied, and Seller not being in default hereunder, Seller may: "(1) Retain the earnest money, and cancel this Contract with each party being relieved of any further obligation to the other hereunder...." After Fisher signed this contract, he sent Locators a check for $50,000 as ear | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
MILTON CONST. CO. v. State Highway Dept.
red
2 sentences1998Milton Construction Co. v. State Highway Dep't, 568 So.2d 784 (Ala.1990). 1993Because the liquidated damages clause at issue satisfies the three requirements set out in Camelot Music , and recognizing the Alabama Constitution's strong preference for the protection of contractual obligations, Milton Construction Co. , 568 So.2d at 787 , we reverse the judgment of the circuit court and remand the case for further consideration consistent with this opinion. | 3 | 1991–1998 |
Gulf City Body & Trailer Works, Inc. v. PHOENIX PROP. TRUST, INC.
green
1 sentence2002This was the situation in Gulf City Body Trailer Works, Inc. v. Phoenix Properties Trust, Inc ., 531 So.2d 870 (Ala. 1988). | 1 | 2002–2002 |
American District Telegraph Co. v. Roberts & Son, Inc.
green
2 sentences1993In American District Telegraph Co. of Alabama v. Roberts Son, Inc. , 219 Ala. 595 , 122 So. 837 (1929), this Court observed about a similar contractual provision: "As we view this clause, it is but a limitation of the amount recoverable in case of a breach of the contract. 1993In American District Telegraph Co. of Alabama v. Roberts Son, Inc. , 219 Ala. 595 , 122 So. 837 (1929), this Court observed about a similar contractual provision: "As we view this clause, it is but a limitation of the amount recoverable in case of a breach of the contract. | 1 | 1993–1993 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.