Kilbourne v. Burt & Brabb Lumber Co.
Court of Appeals of Kentucky
Case 75 — Action to Recover Price of Logs Sold APPEAL FROM LETCHER CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals.
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Case 75 — Action to Recover Price of Logs Sold APPEAL FROM LETCHER CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. In a contract for a sale of logs by appellant to appellees, it was stipulated in the contract that fifteen per cent, of the contract price should be retained by appellee on all logs not delivered by July 1, 1898. The logs were delivered on the first tide, but none of them were delivered until August 1, 1898. No damage resulted to appellee or to the logs by reason of this short delay, and they were taken out on the first tide. We claim that the retention of the…
1Opinion of the Court
Opinion of the court by
JUDGE BURNAM
Affirming.
On the 7th day of August, 1897, Messrs. Hogg & Kilbourne, of Letcher county, contracted in writing to deliver to the Burt & Brabb Lumber. Company, in the Line Fork of the Kentucky river at the mouth of Ingram’s creek and Dey Fork, by the 1st of March, 1898, 1,000 merchantable poplar, ash, and cucumber logs, to be cut out of green timber, and well selected, at -the price of eighty cents per 100 feet, of which sum fifty cents per 100 feet was to be paid within thirty days after the logs were measured, branded, and placed in the Line Fork, and the…
2Cases cited4 opinions
- Bagley v. . PeddieNew York Court of Appeals · 1857
- Elizabethtown & Paducah R. R. v. GeogheganCourt of Appeals of Kentucky · 1872
- Hahn v. HorstmanCourt of Appeals of Kentucky · 1876
- Applegate v. JacobyCourt of Appeals of Kentucky · 1839
3Cited by8 opinions
- Travelers Insurance v. Corporex Properties, Inc.District Court, E.D. Kentucky · 1992
- City of Lebanon v. BiggersCourt of Appeals of Kentucky · 1904
- Miles v. ProffittCourt of Appeals of Kentucky (pre-1976) · 1954
- Southern Menhaden Co. v. HowSupreme Court of Florida · 1916
- Smith v. WardCourt of Appeals of Kentucky · 1953
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