Fabric Fire Hose Co. v. City of Louisa

Opinion of the Court by

Judge Thomas

Reversing.

The city of Louisa, Ky., is one of the fifth class (see section 2740 of the 1930 Edition of Carroll’s Kentucky Statutes), notwithstanding it was alleged in the petition in this, case that it was one of the sixth class.

On July 3, 1929, the appellant and plaintiff below, Fabric Fire Hose Company, a New York corporation, sold to it a quantity of fire-extinguishing hose at the agreed price of $600. The quantity bought was shipped to the city and was accepted by it and was thereafter used by its fire department. Following the shipment and acceptance the…