S. Barker & Co. v. Mann, Bennett & Co.
Court of Appeals of Kentucky
CASE 77 — PETITION APPEAL FROM JEFFERSON CIRCUIT COURT. CITED— Sedgwick on Damages, p. 82. Parsons on Contracts, p. 458. Story on Sales, p. 425. CITED— 1 Parsons on Contracts, 432. 9 Exch., 341; Hadley vs. Baxendale. 20 Eng. Law and Eq., 410; Waters vs. Towers. 1 Starkie, 504 ; Bridge vs. Wain. 18 C. B. (U. Si), 445; Bevins vs. Hutchinson. 3 Barbour’s S. C. Rep., 424; Freeman vs. Clute. 16 N. Y., 489; Griffin vs. Colver. 14 B. Mon., 116; Thompson vs. Jackson, fyc.
1Opinion of the CourtChief Justice Williams
Appellants, merchants at Louisville, Kentucky, sold to appellees, merchants at Brownsville, Tennessee, a bill of goods, and received their acceptance at thirty days, payable at Louisville, delivered the invoice of the goods, with a receipt for the amount thereof in acceptance at thirty days, and received the acceptance November 17, 1868. The goods were to be shipped by the Southern Express to Brownsville; but instead of doing so, appellants, the next day, wrote to appellees that their Mr. Middleton, the partner who had chage of their credits, was out at the time the invoice was delivered and…
2Cases cited1 opinion
- Moore v. PayneCourt of Appeals of Kentucky · 1838
3Cited by7 opinions
- Bluegrass Cordage Co. v. Luthy & Co.Court of Appeals of Kentucky · 1896
- Elizabethtown & Paducah Railroad v. PottingerCourt of Appeals of Kentucky · 1873
- Grant v. McArthur's ExecutorsCourt of Appeals of Kentucky · 1913
- Baker v. MorrisCourt of Appeals of Kentucky · 1916
- Woerman v. McKinney-Guedry Co.Court of Appeals of Kentucky · 1917
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