Ferguson v. Fox's Administrator
Court of Appeals of Kentucky
CASE 18 — PETITION ORDINARY APPEAL PROM MADISON CIRCUIT COURT. The facts are stated in the opinion of the court. 1. The instructions should have been reduced to writing by the court before the jury retired.
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CASE 18 — PETITION ORDINARY APPEAL PROM MADISON CIRCUIT COURT. The facts are stated in the opinion of the court. 1. The instructions should have been reduced to writing by the court before the jury retired. (¡Civil Code, sub-div. 5 of sec. 347.) The language used by counsel was nearly in the very words of the Code. 2. The instruction that if the jury find,' from the evidence, that on the day the hogs were slaughtered it was done by plain-tiif’s direction, they will find nothing for spoiled meat and loss in the sale of the product, is not the law of the case. Ferguson would not have lost the…
1Opinion of the Court
JUDGE SIMPSON
delivered the ohnion oe the court:
Fox being the owner of a slaughter-house in the city of Cincinnati, was employed by Ferguson to slaughter for him a large lot of fat hogs. The hogs were delivered to Fox to be slaughtered, on the 24th of November, 1853. By the agreement of the parties, they were to be slaughtered on delivery; but they were not slaughtered for several days afterwards.
This action was brought by Ferguson against Fox for a breach of his contract. The plaintiff contends that the defendant failed and neglected to comply with his contract to slaugh*85ter the hogs…
2Cited by1 opinion
- Bell's Admr. v. Louisville Railway Co.Court of Appeals of Kentucky · 1912