Blackwell v. Fosters
Court of Appeals of Kentucky
CASE 19 — PETITION ORDINARY APPEAL FROM CLARKE CIRCUIT COURT. The facts are stated in the opinion of the court. What is reasonable time for the performance of the contract is a question for the court under all the circumstances of the case. {Chitty on Contracts, 790, and note.) At the instance of appellees the court decided the question.
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CASE 19 — PETITION ORDINARY APPEAL FROM CLARKE CIRCUIT COURT. The facts are stated in the opinion of the court. What is reasonable time for the performance of the contract is a question for the court under all the circumstances of the case. {Chitty on Contracts, 790, and note.) At the instance of appellees the court decided the question. As to the notice given by appellants to Posters, see 2 B. Mon., 133. As to the offer of compromise made by Blackwell to Fosters, see Greenleaf’s Evidence, sec. 192 ; 5 Mon., 364. The appellees did not tender security within a reasonable time after the demand.…
1Opinion of the Court
JUDGE DUVALL
delivered the opinion of the court:
John and Thomas J. Foster brought this action against Blackwell and McCann, upon the following agreement:
“This article of agreement, entered into by John Foster and Thomas J. Foster of the first part, and Neill McCann and Armstead Blackwell of the second part, witnesseth: That said McCann and Blackwell have this day contracted with said Fosters to deliver to said Fosters five hundred (500) head of good merchantable hogs, fat for market, no hog to weigh less than 220 pounds gross; the hogs to be ready for delivery at any time required by said…
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