City of Covington v. Kanawha Coal & Coke Co.
Court of Appeals of Kentucky
Case 85. — ACTION BY THE CITY OP COVINGTON AGAINST THE KANAWIHA COAL & COKE CO. FOR BREACH OP WRITTEN CONTRACT. Appeal from Kenton Circuit Court. ~W. McD. Shaw Circuit Judge.' Judgment for defendant. Plaintiff appeals.
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Case 85. — ACTION BY THE CITY OP COVINGTON AGAINST THE KANAWIHA COAL & COKE CO. FOR BREACH OP WRITTEN CONTRACT. Appeal from Kenton Circuit Court. ~W. McD. Shaw Circuit Judge.' Judgment for defendant. Plaintiff appeals. POINTS AND AUTHORITIES CITED. 1. Unless a party to a contract, .provides in the contract, “that he is not liable, in case he is prevented from performing said contract, by the existence of a ‘strike, ” he can not plead such “strike” in avoidance, and as an excuse for failure to perform said contract. (7th Am. & Eng. Enc. of Law, 2 Edition, pp. 148 and 149; Bunn, &c. v. Wm.…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Reversing.
The Kanawha Coal & Coke Company made a contract with the city of Covington to furnish it coal from September 1, 1901, to September 1, 1902. The contract was in writing and is as follows:
“Cincinnati, Ohio, Dec. 4,1901.
“The Waterworks Commissioners, Covington, Ky.
— Gentlemen: We hereby propose to furnish you with what coal you may require from September 1, 1901, to September 1, 1902, as follows: Acme nut and slack at $1.45. Kanawha nnt and slack at $1.35. All per ton of 2,000 pounds. The grade of coal to be furnished as requested by the superintendent of…
2Cases cited6 opinions
- Grace v. American Central InsuranceSupreme Court of the United States · 1883
- Tilley v. County of CookSupreme Court of the United States · 1881
- Insurance Cos. v. WrightSupreme Court of the United States · 1864
- Rochester German Ins. v. Peaslee-Gaulbert Co.Court of Appeals of Kentucky · 1905
- Kendall v. RussellCourt of Appeals of Kentucky · 1837
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- Cheek v. American Eagle Fire Ins.Court of Appeals of Tennessee · 1928
- Columbia Malting Co. v. Glenmore Distilleries Co.Court of Appeals of Kentucky · 1912
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