Louisville & Nashville R. v. Coyle
Court of Appeals of Kentucky
Case 116. — ACTION BY JOHN B. COYLE AGAINST THE LOUISVILLE & NASHVILLE RY. CO. FOR BREACH OF CONTRACT IN THE SALE OF TIES. — Appeal from Rockcastle Circuit Court. M. L. Jarvis, Circuit Judge. Judgment for plaintiff. Defendant appeals'. PROPOSITIONS AND AUTHORITIES. 1. There was no mutuality in the alleged contract, and the defendant had at any time the right to refuse to accept further deliveries of ties; 9 Cyc. 327-9; St. Louis, &e.
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Case 116. — ACTION BY JOHN B. COYLE AGAINST THE LOUISVILLE & NASHVILLE RY. CO. FOR BREACH OF CONTRACT IN THE SALE OF TIES. — Appeal from Rockcastle Circuit Court. M. L. Jarvis, Circuit Judge. Judgment for plaintiff. Defendant appeals'. PROPOSITIONS AND AUTHORITIES. 1. There was no mutuality in the alleged contract, and the defendant had at any time the right to refuse to accept further deliveries of ties; 9 Cyc. 327-9; St. Louis, &e. R. R. Co. v. Mathews, 64 Ark. 398 (39 L. R. A. 467); Offord v. Daviess, 12 Com. Bench Rep., N. S. 748. 2. x\s to the 288 ties on hand at the time of the alleged…
1Opinion of the Court
Opinion by
John D. Carroll, Commissioner
Affirming.
To recover damages for breach of contract, appellee brought this action. The oontract relied on is found in the following letters: “Boone, Ky., August 16, 1902. Mr. P. Jones, Paris, Ky. — Dear Sir: I have a chance to buy a lot of nice timber which might take me the rest of this year and the next in a small way to have made up in ties and get them on. "Will you take all that I could furnish — It would not exceed six thousand ties, at the present prices or any price that might hereafter be established. Let me hear from you soon.” On the following…
2Cases cited2 opinions
- Cooper v. Lansing Wheel Co.Michigan Supreme Court · 1892
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- Rehm-Zeiher Co. v. F. G. Walker Co.Court of Appeals of Kentucky · 1913
- Martin v. Ray County Coal Co.Supreme Court of Missouri · 1921
- Louisville Tobacco Warehouse Co. v. ZeiglerCourt of Appeals of Kentucky · 1922
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