Legal Opinion

D. C. Heath & Co. v. Commonwealth

Court of Appeals of Kentucky

Decided October 21, 1908PublishedCited by 4 opinions

CASE 99. — ACTION BY COMMONWEALTH, BY SUPERINTENDENT OP SCHOOLS OP MERCER COUNTY, AGAINST D. C. HEATH & CO., AND OTHERS FOR BREACH OP BOND IN SELLING SCHOOL BOOKS.— October 21. Appeal from Mercer Circuit Court. W. C. Bell, Circuit Judge. Judgment for plaintiff, defendants appeal — AUTHORITIES CITED. Ky. Stats., 1903, sec. 4423; B. F. Johnson Pub. Co. v. Commonwealth, 97 S. W., 749, 30 Ky. Law Rep., 148; Am. Book Co. v.. Wells, 26 Ky.

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CASE 99. — ACTION BY COMMONWEALTH, BY SUPERINTENDENT OP SCHOOLS OP MERCER COUNTY, AGAINST D. C. HEATH & CO., AND OTHERS FOR BREACH OP BOND IN SELLING SCHOOL BOOKS.— October 21. Appeal from Mercer Circuit Court. W. C. Bell, Circuit Judge. Judgment for plaintiff, defendants appeal — AUTHORITIES CITED. Ky. Stats., 1903, sec. 4423; B. F. Johnson Pub. Co. v. Commonwealth, 97 S. W., 749, 30 Ky. Law Rep., 148; Am. Book Co. v.. Wells, 26 Ky. Law Rep., 1159, 83 S. W., 622; Mills v. Myers, 70 S. W., 412, 24 Ky. Law Rep., 971; Ky. Stats., (1903) 2017, 130; Ency. PI. and Pr., vol. 17, p. 147; Eckford v.…

1Opinion of the Court

Opinion of the Court by

Judge Settle —

Affirming.

In 1905 H. H. Walker, then county superintendent of schools in Mercer county, in the name of' the Commonwealth of Kentucky and in his official capacity as such superintendent instituted an action in the Mercer circuit court against the appellant, D. *839C. Heath & Co., a corporation engaged in publishing and selling schoolbooks, and B. P. Graziani, their surety, in a bond executed to the Commonwealth, under sections 4423, 4424, Ky. St. 1903, for the faithful performance on their part of a contract made with the county superintendent of schools of…

2Cases cited5 opinions

  1. Smith's heirs v. DixonCourt of Appeals of Kentucky · 1861
  2. Harrow v. Farrow's HeirsCourt of Appeals of Kentucky · 1846
  3. Shawhan v. ZinnCourt of Appeals of Kentucky · 1881
  4. Long v. McDowellCourt of Appeals of Kentucky · 1899
  5. Wright v. BakerCourt of Appeals of Kentucky · 1893

3Cited by4 opinions

  1. Allin v. County Board of EducationCourt of Appeals of Kentucky · 1912
  2. Combs' Administrator v. Virginia Iron, Coal & Coke Co.Court of Appeals of Kentucky (pre-1976) · 1930
  3. Money v. Beard & MarshallCourt of Appeals of Kentucky · 1909
  4. County Board of Education v. RankinCourt of Appeals of Kentucky · 1911

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