O'Connor v. Henderson Bridge Co.
Court of Appeals of Kentucky
Case 110 — PETITION ORDIN ARY TRANSFERRED TO EQUITY— .APPEAL.' FROM LOUISVILLE LAW AND EQUITY COURT. 1. The Bridge Company will not he heard to claim that it had tlie right to annul the contract on account of the contractor’s delay, in view of the fact that it had itself made default in making monthly estimates of, and promptly paying for, the work as done.
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Case 110 — PETITION ORDIN ARY TRANSFERRED TO EQUITY— .APPEAL.' FROM LOUISVILLE LAW AND EQUITY COURT. 1. The Bridge Company will not he heard to claim that it had tlie right to annul the contract on account of the contractor’s delay, in view of the fact that it had itself made default in making monthly estimates of, and promptly paying for, the work as done. When the Bridge Company violated its promise to make payment, the contractor was under no duty to push the work, or put more money or labor in it; and the right of annulment ceased. (Canal Co. v. Gordon, 6 Wall., 561; Daunts v. Burks, 16…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
This action was instituted in August, 1884, by O’Connor & McCulloch to recover of Henderson Bridge Company damages for an illegal attempt to annul a contract made in December, 1881, between the parties for building foundations and piers of a railroad bridge across Ohio river at Henderson, and forcibly driving plaintiffs from the work while engaged at it.
Hpon trial of the case in December, 1886, the jury found a verdict in favor of plaintiffs for $86,805.73 and *639interest thereon from April 9, 1884, when they were forced to quit the undertaking. But…
2Cases cited1 opinion
- Power v. ReederCourt of Appeals of Kentucky · 1839
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