Tilford v. Dotson
Court of Appeals of Kentucky
Case 97 — ACTION ON CONTRACT AEPEAL EROM BREATHITT CIRCUIT COURT. 1. The petition together with .the contract filed with it shows on its face that the plaintiffs are at most entitled to recover $3,000 only, with interest, whereas a judgment was obtained for $13,338 with interest.
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Case 97 — ACTION ON CONTRACT AEPEAL EROM BREATHITT CIRCUIT COURT. 1. The petition together with .the contract filed with it shows on its face that the plaintiffs are at most entitled to recover $3,000 only, with interest, whereas a judgment was obtained for $13,338 with interest. The defendants were not required to pay for the logs every thirty days unless the terms upon which they were delivered would carry them to a railroad. 2. Even construing the contract as the petition interprets it, the judgment is incorrect in the matter of interest. 1. The issues in this case are purely legal, the…
1Opinion of the Court
JUDGE WHITE
deuvebed the opinion oe the coubt.
This action was brought by appellee, Dotson, in the Breathitt circuit court, to recover of appellants $15,000, balance alleged to be due for walnut trees sold to them, and to enforce a vendor’s lien retained on the trees, logs, and lumber therefrom. Some of the logs and lumber were in Breathitt county, and personal service was had in Breathitt county.
At the time of the contract neither appellee nor appellants resided or were in Kentucky, and the trees were standing in the counties of Pike, Knott, Letcher, Perry, and Leslie.
*758The trees were all…
2Cases cited1 opinion
- Moss v. MeshewCourt of Appeals of Kentucky · 1871
3Cited by4 opinions
- Cheatham v. HeadCourt of Appeals of Kentucky · 1924
- Burris v. SteppCourt of Appeals of Kentucky · 1915
- Miller v. DavisSupreme Court of Iowa · 1919
- Sears v. OhlerCourt of Appeals of Kentucky · 1911