Wright v. Gardner
Court of Appeals of Kentucky
Case 75 — PETITION ORDINARY — APPEAL PROM GRAVES CIRCUIT COURT. 1. There is no rule of law which forbids the parties to a contract from extending the period of limitation for a fixed time. The ease of Shapely v. Abbott, 4.2 N. Y., 443, distinguished. 2. Whether appellee was or was not legally liable to the purchaser beyond the time fixed by the statute is immaterial.
Read the full summary
Case 75 — PETITION ORDINARY — APPEAL PROM GRAVES CIRCUIT COURT. 1. There is no rule of law which forbids the parties to a contract from extending the period of limitation for a fixed time. The ease of Shapely v. Abbott, 4.2 N. Y., 443, distinguished. 2. Whether appellee was or was not legally liable to the purchaser beyond the time fixed by the statute is immaterial. He was, at. best, morally responsible and if appellant at his reguest and for his benefit paid the money he has th'e right to recover it. 1. While parties may, by contract, limit the time within which an action may be brought…
1Opinion of the Court
JUDGE GRACE
delivered the opinion of the court.
It appears from this record that J. A. Wright, appellant,, was the duly elected inspector of tobacco for the tobacco warehouses in Mayfield, Graves county, for the year 1898, that as such inspector he entered into two contracts, one with J. T. Wright and others, who were brokers buying tobacco on that market, whereby J. A. Wright undertook to guarantee to the brokers aforesaid that the samples of tobacco drawn and furnished by him should correctly repre*456sent the quality and character of the tobacco in the hogsheads from which they were severally…
2Cases cited2 opinions
- Moxley v. RaganCourt of Appeals of Kentucky · 1873
- Allen v. FromanCourt of Appeals of Kentucky · 1894
3Cited by20 opinions
- Parchen v. ChessmanMontana Supreme Court · 1914
- Brownrigg v. DefreesCalifornia Supreme Court · 1925
- Tebbets v. Fidelity and Casualty Co.California Supreme Court · 1909
- Union Central Life Ins. v. SpinksCourt of Appeals of Kentucky · 1904
- Holland v. SheehanSupreme Court of Minnesota · 1909
15 more not listed; retrieve them via the Exa API.