Davis v. Brown
Court of Appeals of Kentucky
Case 78 — PETITION ORDINARY — APPEAL EROM OWEN CIRCUIT COURT. 1. The contract declared on is within the statute of frauds and to be valid should have been in writing. (Greenwood v. Strother, 91 Ky„ 482.) 2. The contract declared on if enforceable at all could only be enforced within five years, and it appearing from the petition that it was made, if at all, in 1885, and there being no obstruction to-the statute shown, the demurrer for that reason should have been sustained.
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Case 78 — PETITION ORDINARY — APPEAL EROM OWEN CIRCUIT COURT. 1. The contract declared on is within the statute of frauds and to be valid should have been in writing. (Greenwood v. Strother, 91 Ky„ 482.) 2. The contract declared on if enforceable at all could only be enforced within five years, and it appearing from the petition that it was made, if at all, in 1885, and there being no obstruction to-the statute shown, the demurrer for that reason should have been sustained. (Greenwood v. Strother, 91 Ky., 482; King’s Ex’or v. Hanna, 9 B. M., 369: Myles’ Ex’or v. Myles, 6 Bush, 237.) 3. The…
1Opinion of the Court
JUDGE GUFFY
DELIVERED THE OPINION OF THE COURT.
Oil the 29th of May, 1893, the appellee, Walter Brown, instituted this suit in the Owen Circuit Court against the appellant, A. B. Davis, to recover $2,500 damages for alleged breach of contract. The material averments in the petition are as follows; Plaintiff states that about the-day of 1885, he and the defendant were both engaged in business in the town of Owenton, Ky., the plaintiff then carrying on the general furniture and undertaking business, and also the sale of wagons and buggies, the defendant, A. B- Davis, at the time being also…
2Cases cited9 opinions
- Parker v. RussellMassachusetts Supreme Judicial Court · 1882
- Stowers v. HollisCourt of Appeals of Kentucky · 1886
- Talbott v. ThornCourt of Appeals of Kentucky · 1891
- Amos v. OakleyMassachusetts Supreme Judicial Court · 1881
- Myles's Executors & Devisees v. MylesCourt of Appeals of Kentucky · 1869
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- Deposit Bank of Midway's Assignee v. HearneCourt of Appeals of Kentucky · 1898
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