Cook v. Brandeis
Court of Appeals of Kentucky
CASE 24 — PETITION EQUITY — APPEAL FROM LOUISVILLE CHANCERY COURT. cited 2 Chilly's Pleading, 264-7; Story on Sales, secs. 314, 436; Sedgwick on the Measure of Damages, 282-9; 2 Kent, 504; Parsons on Mer. Law, 46; Civil Code, sec. 123. cited Story on Sales, chap. 7, secs. 232, 239; lb., chap. 1, sec. 1; Story on Sales, secs. 368, 380; 4 Camp. Rep., 144; Story on Contracts, secs. 23,24; Story on Sales, secs. 244 — 5 ; Civil Code, sec. 153.
1Opinion of the CourtChief Justice Stites
Cook made a contract with Brandéis & Crawford to sell them his crop of wheat for the year 1857, at the rate of one dollar per bushel; the wheat to be a good merchantable article, and to be delivered, as soon as it could be threshed out, at Cook’s landing, on the Ohio river — Brandéis & Crawford to furnish the sacks.
Cook delivered two hundred and ninety-five bushels, which were received and, in part, paid for. The remainder he offered to . deliver but it was refused;' and, within a few days thereafter, he took it to market and sold it at a reduced price. Afterwards he brought his action…
2Cited by9 opinions
- Bell v. OffuttCourt of Appeals of Kentucky · 1874
- Hudson Engineering Co. v. ShawCourt of Appeals of Kentucky · 1915
- Lam v. WhiteCourt of Appeals of Kentucky · 1924
- Leet & Co. v. GreenCourt of Appeals of Kentucky · 1913
- Fidelity Deposit Co. of Maryland v. CobbCourt of Appeals of Kentucky (pre-1976) · 1926
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