Legal Opinion

Hogan v. Tucker

Court of Appeals of Kentucky

Decided December 2, 1903PublishedCited by 3 opinions

•Case 99 — Action by B. W. Tucker and Others against Wayne Hogan, to Rescind a 'Contract for the ¡Sale of a Flour Mill. APPEAL FROM TAYLOR CIRCUIT COURT. .Judgment for Plaintiffs and Defendants Appeal.

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•Case 99 — Action by B. W. Tucker and Others against Wayne Hogan, to Rescind a 'Contract for the ¡Sale of a Flour Mill. APPEAL FROM TAYLOR CIRCUIT COURT. .Judgment for Plaintiffs and Defendants Appeal. We take the ground: 1. That where .a vendee seeks a .rescission -of a contract for the sale of real estate in order to comply with the doctrine requiring the parties to he placed in statu quo, a properly executed and -acknowledged deed should be tendered 'to the vender with the petition. An allegation that ike plaintiff is willing and able to reconvey is insufficient. 2. The rule is, the party…

1Opinion of the Court

Opinion op the court by

JUDGE NUNN

Reversing.

It appears that appellants, Wayne Hogan and J. P. Gaddie, were the owners of a flour mill, and site, in the town of Wickliffe, Ballard connty, Ky.; that they sold this property to appellees on or about the 8th day of April, 1901, for the sum of $6,800. Appellees, by their contract, agreed to pay $2,300 in cash, or its equivalent, and executed their four notes, of $1,000 each, due in one, two, three and four years. Appellants made and executed a deed to appellees for this property on the terms stated, and delivered same to appellees on the loth day of…

2Cases cited2 opinions

  1. Ruffner v. RidleyCourt of Appeals of Kentucky · 1883
  2. Hoggins v. BecraftCourt of Appeals of Kentucky · 1833

3Cited by3 opinions

  1. Drake v. KeelingSupreme Court of Iowa · 1941
  2. Weber v. LapeCourt of Appeals of Kentucky · 1911
  3. Clovis Fruit Co. v. California Wine Ass'nCalifornia Court of Appeal · 1919

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