Western Manufacturing Co. v. Cotton
Court of Appeals of Kentucky
CASE 88. — ACTION BY THE WESTERN MANUFACTURING CO. AGAINST COTTON & LONG UPON A WRITTEN CONTRACT. — Appeal from Madison Circuit Court. J. M. Benton, Circuit Judge.
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CASE 88. — ACTION BY THE WESTERN MANUFACTURING CO. AGAINST COTTON & LONG UPON A WRITTEN CONTRACT. — Appeal from Madison Circuit Court. J. M. Benton, Circuit Judge. Judgment for defendants, plaintiff appeals) — 1. Appellee Cotton admits that he can read and write; without the admission this court would presume him competent to contract and fully protect himself in the absence of proof to the contrary. 2. The only way to avoid the terms of the writing signed is on the-grounds of fraud or mistake. 3. As to the question of fraud, it is a well settled principle throughout the country, that to show…
1Opinion of the Court
Opinion of the Court by
Chief Justice O’Rear
Affirming.
Appellant, a manufacturer of jewelry in Minneapolis, Minn., sent its drummer into the country to make sales of its wares to retail merchants. He approached appellees, who were conducting country stores in *751Madison county, in this State, and proposed to sell them a hill of the goods. Appellees, being doubtful whether there was a market in their locality for such wares, declined to buy. The negotiations then took the form that the drummer proposed to place its jewelry with appellees for sale, to be paid for only in the event it was sold after…
2Cases cited6 opinions
- Fairchild v. . McMahonNew York Court of Appeals · 1893
- Fargo Gas & Coke Co. v. Fargo Gas & Electric Co.North Dakota Supreme Court · 1894
- Trimble v. WardCourt of Appeals of Kentucky · 1895
- Bright v. WagleCourt of Appeals of Kentucky · 1835
- Morgan v. HalseyCourt of Appeals of Kentucky · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Indemnity Insurance v. W. L. Macatee & SonsTexas Supreme Court · 1937
- Indemnity Ins. Co. of North America v. W. L. Macatee & SonsTexas Commission of Appeals · 1937
- Davenport v. BurkeIdaho Supreme Court · 1917
- Butzman v. United States. Craig v. United StatesCourt of Appeals for the Sixth Circuit · 1953
- Clark v. BrewerCourt of Appeals of Kentucky (pre-1976) · 1959
44 more not listed; retrieve them via the Exa API.