Langan & Taylor Storage & Moving Co. v. Tennelly
Court of Appeals of Kentucky
CASE 92. — ACTION BY ROBERT TENNELLY AGAINST THE LANGAN & TAYLOR STORAGE & MOVING Co., FOR BREACH OF CONTRACT IN THE DELIVER 5T OF GOODS. — May 9. Appeal from Daviess. Circuit Court. T. P. Birkhead, Circuit Judge. Judgment for plaintiff. Defendant appeals, LOUIS I. INGLEHEART of counsel. POINTS AND AUTHORITIES. T. The petition stated a cause of action only entitling the appel-lee to recover nominal damages and nothing more.
Read the full summary
CASE 92. — ACTION BY ROBERT TENNELLY AGAINST THE LANGAN & TAYLOR STORAGE & MOVING Co., FOR BREACH OF CONTRACT IN THE DELIVER 5T OF GOODS. — May 9. Appeal from Daviess. Circuit Court. T. P. Birkhead, Circuit Judge. Judgment for plaintiff. Defendant appeals, LOUIS I. INGLEHEART of counsel. POINTS AND AUTHORITIES. T. The petition stated a cause of action only entitling the appel-lee to recover nominal damages and nothing more. (Miles v. Miller, 12th Bush, page 134; Koch v. Godshaw, 12th Bush, page 318; Benjamin on Siales, vol. 2; page 1120, note 2, under sec. 1305, 4th Ed.; Benjamin on Sales,…
1Opinion of the Court
OPINION op the Court by
Judge Barker—
Reversing.
Tiie appellee, Robert Tennelly, who is a furniture *811dealér in Owensboro, Ky., on the 3d and 5th: days of December, 1904, in the city of St, Louis, Mo-., entered into a contract with the appellant corporation by which he claims to have purchased a bill of merchandise consisting of secondhand furniture and bedclothing, amounting in all to $557.64, which was to be loaded on ears in St. Louis and shipped to him at Owensboro. He made a payment of $100 at the time of contract. The balance was to be paid by draft with bill of lading attached when the…
2Cases cited3 opinions
- Campbellsville Lumber Co. v. Bradlee & WigginsCourt of Appeals of Kentucky · 1895
- Miles v. MillerCourt of Appeals of Kentucky · 1876
- Denhard v. HurstCourt of Appeals of Kentucky · 1901
3Cited by4 opinions
- Asher v. GoldenCourt of Appeals of Kentucky (pre-1976) · 1929
- Payne v. ClaypoolCourt of Appeals of Kentucky (pre-1976) · 1930
- Owensboro Wheel Co. v. TrammellCourt of Appeals of Kentucky · 1916
- Amber Milling Co. v. Kentucky MacAroni Co.Court of Appeals of Kentucky (pre-1976) · 1942