Legal Opinion

Woodbury v. Turner, Manufacturing Co.

Court of Appeals of Kentucky

Decided January 22, 1895PublishedCited by 9 opinions

Case 76 — PETITION EQUITY — APPEAL PROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. The twenty-five thousand dollars was deposited as a guaranty fund, not as liquidated damages. (Pomeroy’s Equity, sec. 433; Hahn v. Horstman, 12 Bush, 254; 1 Sedgwick on Damages, 8th ed , sec. 4f8; Ohaude v. Sheppard, 122 ÍT.

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Case 76 — PETITION EQUITY — APPEAL PROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. The twenty-five thousand dollars was deposited as a guaranty fund, not as liquidated damages. (Pomeroy’s Equity, sec. 433; Hahn v. Horstman, 12 Bush, 254; 1 Sedgwick on Damages, 8th ed , sec. 4f8; Ohaude v. Sheppard, 122 ÍT. Y., 397.) 2. If the twenty-five thousand dollars be not a guaranty fund, then it must be treated as a partial payment, and under the circumstances of this case can be recovered back by Woodbury, less appe lee’s actual damage. (Bishop on Contracts, secs. 1443, 1444, 1445; Sunflower Oil…

1Opinion of the Court

JHDGK HAZELBIGG

delivebed the opinion of the coubt.

In the latter part of the year 1888, the appellant, "Woodbury, then chief manager of a handle manufactory at Knoxville, Tenn., conceived the design of securing control of the business and property of all the handle manufactories in the United States — of which there were some six or eight — and selling. the whole as one concern to a, company of English capitalists.

The largest and perhaps the most prosperous of these companies was that of the appellee, a corporation doing business at Louisville, Ky., to the managers of which, the appellant, in…

2Cases cited4 opinions

  1. Eakin v. ScottTexas Supreme Court · 1888
  2. Gobble v. LinderIllinois Supreme Court · 1875
  3. Haynes v. HartNew York Supreme Court · 1864
  4. Stillwell v. TempleSupreme Court of Missouri · 1859

3Cited by9 opinions

  1. Weatherford v. AdamsArizona Supreme Court · 1926
  2. Coca-Cola Bottling Works (Thomas) Inc. v. Hazard Coca-Cola Bottling Works, Inc.Court of Appeals of Kentucky (pre-1976) · 1970
  3. In Re YostUnited States Bankruptcy Court, W.D. Kentucky · 1985
  4. Miles v. ProffittCourt of Appeals of Kentucky (pre-1976) · 1954
  5. Allison v. Cocke'sCourt of Appeals of Kentucky · 1899

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