Burton v. Shotwell
Court of Appeals of Kentucky
Case 5 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. The measure of damages in favor of a vendor against a vendee, in the absence of fraud, is the difference in the value of the land at the making of the contract and the time when conveyance should have been accepted. (3 Parsons on Contracts, pp. 231, 232; Sedgwick on Measure of Dam., s. p. 190.) In favor of the vendee after eviction without fraud the measure is the money paid, interest, etc.
Read the full summary
Case 5 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. The measure of damages in favor of a vendor against a vendee, in the absence of fraud, is the difference in the value of the land at the making of the contract and the time when conveyance should have been accepted. (3 Parsons on Contracts, pp. 231, 232; Sedgwick on Measure of Dam., s. p. 190.) In favor of the vendee after eviction without fraud the measure is the money paid, interest, etc. (Cox v. Strode, 2 Bibb, 280.) There may be specific performance in part. (2 Bibb, 411.) As to damages in such cases. (Allen v. Anderson, 2…
1Opinion of the Court
JUDGE COFER
delivered the opinion oe the court.
January 27, 1872, the appellee, Shotwell, proposed, in *275writing, to J. Lawrence Smith, Arthur Peter, H. F. "White, P. G. Kelsey, Theodore Harris, and the appellant Burton, that he would sell to them certain coal-mines and their appurtenances at the price of $216,000, to be paid for as follows, viz.: $100,000 in the ten-year ten-per-cent bonds of a corporation which they contemplated organizing, secured by the personal guarantee of the purchasers; one third of the stock of that corporation; and $16,000 to be paid to discharge an encumbrance on the…
2Cited by6 opinions
- Weaver v. BurrWest Virginia Supreme Court · 1888
- James v. DarbyCourt of Appeals for the Eighth Circuit · 1900
- Armstrong v. Mutual Life InsuranceSupreme Court of Iowa · 1903
- Lucas v. CommonwealthCourt of Appeals of Kentucky · 1913
- Talamini v. RosaCourt of Appeals of Kentucky (pre-1976) · 1934
1 more not listed; retrieve them via the Exa API.