(concurring):
My review of the record does not disclose the evidence, if any there was, of actual damage which the trial court weighed in reaching its determination that enforcement of the liquidated damage provision of *685the contract would be unconscionable.1 Nevertheless, the issue was not raised below, nor on this appeal. Consequently, I concur in affirming the judgment.
. See Perkins v. Spencer, 121 Utah 468, 243 P.2d 446 (1952).