Bluegrass Cordage Co. v. Luthy & Co.
Court of Appeals of Kentucky
Case 92 — PETITION ORDINARY — APPEAL FROM SCOTT CIRCUIT COURT. 1. The question as to whether or not the contract was a conditional one was one that should have been submitted to the jury, as was also the question as to whether or not the defendant had agreed to ratify the contract, made by Fleming. 2. The measure of damages is not changed by reason of the fact that the goods could not be purchased elsewhere in the market, and the court erred in so instructing the jury. 3.…
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Case 92 — PETITION ORDINARY — APPEAL FROM SCOTT CIRCUIT COURT. 1. The question as to whether or not the contract was a conditional one was one that should have been submitted to the jury, as was also the question as to whether or not the defendant had agreed to ratify the contract, made by Fleming. 2. The measure of damages is not changed by reason of the fact that the goods could not be purchased elsewhere in the market, and the court erred in so instructing the jury. 3. For a failure to deliver goods under a contract of sale the measure of damages is the difference between the contract…
1Opinion of the Court
JUDGE GRACE
delivered the opinion of the court.
On May 7, 1892, a contract was made between Luthy & Co., wholesale dealers in agricultural implements, machinery and binder twine, doing business at Peoria, 111., and the Bluegrass Cordage Co., doing business at Georgetown, Ky., manufacturers of hemp binding twine, for the sale by the latter to the former of 100,000 pounds of their manufacture of such twúne, at 1\ cents per pound, same to be delivered F. O. B. cars, at Georgetown, by the 10th of June, 1892, to be paid for by September 10, 1892, with some discounts for payments made at an earlier…
2Cases cited4 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Taylor v. . BradleyNew York Court of Appeals · 1868
- S. Barker & Co. v. Mann, Bennett & Co.Court of Appeals of Kentucky · 1869
- Moore v. PayneCourt of Appeals of Kentucky · 1838
3Cited by29 opinions
- Hoffer Oil Corporation v. CarpenterCourt of Appeals for the Tenth Circuit · 1929
- Pulaski Stave Co. v. Miller's Creek Lumber Co.Court of Appeals of Kentucky · 1910
- Calkins v. F. W. Woolworth Co.Court of Appeals for the Eighth Circuit · 1928
- Brown v. Homestake Exploration Co.Montana Supreme Court · 1934
- Ft. Smith W. R. Co. v. WilliamsSupreme Court of Oklahoma · 1912
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