Braswell's Admr. v. Braswell
Court of Appeals of Kentucky
Case 4 — 'Action for Breach of Contract APPEAL FROM LYON CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. 1. We do not think there was any evidence heard on the trial which tended to show that there was a contract between plaintiff and defendant, and therefore the court erred in refusing a peremptory instruction to find for the defendant. 2. The court should have submitted to the jury the question whether there was a gift. 8. Can a gift take effect in the future?…
Read the full summary
Case 4 — 'Action for Breach of Contract APPEAL FROM LYON CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. 1. We do not think there was any evidence heard on the trial which tended to show that there was a contract between plaintiff and defendant, and therefore the court erred in refusing a peremptory instruction to find for the defendant. 2. The court should have submitted to the jury the question whether there was a gift. 8. Can a gift take effect in the future? 1. Consideration of the agreement. 1 Littell 121, Overstreet v. Phillips; 4 Monroe, 533, Rudd v. Hanna; 1 Duvall 180,…
1Opinion of the Court
Opinion oe the court by
JUDGE PAYNTER
AmriRMiNG.
While the appellee was in the employ of a railroad company, and living in the State of Mississippi, he visited Eddyville, the residence of his grandfather N. T. Braswell, daring the Christmas holidays of 1892, expecting to return to his home, and continue in the service of the railroad company, he having left its employment temporarily.' His grandfather insisted on him remaining at Eddyville, and, to induce him to do so, he agreed with him that if he would abandon his purpose of returning- to Mississippi, and remain in Eddyville, take charge of…
2Cases cited2 opinions
- Overstreet v. PhilipsCourt of Appeals of Kentucky · 1822
- Harrod v. BlackCourt of Appeals of Kentucky · 1864
3Cited by4 opinions
- Rich v. PappasCourt of Appeals for the Sixth Circuit · 1956
- Van Winkle v. KingCourt of Appeals of Kentucky · 1911
- Beauchamp v. BeauchampCourt of Appeals of Kentucky · 1923
- Rich v. PappasCourt of Appeals for the Sixth Circuit · 1956