Legal Opinion

Clore v. Robinson

Court of Appeals of Kentucky

Decided January 14, 1897PublishedCited by 4 opinions

Case 61 — PETITION ORDINARY APPEAL EKOM DAVIESS OIBCtTIT COUBT. 1. There was no definite or.actual refusal of appellants to receive the logs or any part of them. 2. Appellants were all the time ready and willing to receive and pay for the logs, other than oak, while damages are allowed for all. 3. The logs for failing to receive which, damages are allowed, were •other than those contracted to appellants. ' 4. Appellants were entitled to notice of the re-sale, before they…

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Case 61 — PETITION ORDINARY APPEAL EKOM DAVIESS OIBCtTIT COUBT. 1. There was no definite or.actual refusal of appellants to receive the logs or any part of them. 2. Appellants were all the time ready and willing to receive and pay for the logs, other than oak, while damages are allowed for all. 3. The logs for failing to receive which, damages are allowed, were •other than those contracted to appellants. ' 4. Appellants were entitled to notice of the re-sale, before they could be held for the loss resulting therefrom. (2 Kent p. 504; Sands v. Taylor, 5 John, 395; Story on Contracts, sec. 812;…

1Opinion of the Court

CHIEF-JUSTICE LEWIS

delivered the opinion oe the court:

In May, 1893, appellee. Robinson sold to appellants F. L. Clore & Co., all saw logs cut from a certain class or description of timber growing upon a certain tract of land at fixed prices, tbe logs to be delivered on the cars at the mill of the latter. After receiving a portion of the logs appellants declined to receive any others, and at their instance appellee agreed to Stop cutting upon condition they 'would receive all up to that time cut and placed at the railroad station, whence they were to be shipped to the mill of appellants. But…

2Cited by4 opinions

  1. Arkansas & Texas Grain Co. v. Young & Fresch Grain Co.Supreme Court of Arkansas · 1906
  2. J. K. Armsby Co. v. Raymond Bros.-Clarke Co.Nebraska Supreme Court · 1912
  3. Magnes v. Sioux City Nursery & Seed Co.Colorado Court of Appeals · 1900
  4. Magnes v. Sioux City Nursery & Seed Co.Colorado Court of Appeals · 1900

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