Max Gordon v. Carl F. Woods, Trustee, in the Matter of the Young Corporation, Bankrupt

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.”