Star Drilling Machine Co. v. McLeod
Court of Appeals of Kentucky
CASE 63. — ACTION BY THE STAR DRILLING- MACHINE CO. AGAINST GEORGE R. McLEOD AND OTHERS TO RECOVER A MACHINE SOLD TO DEFENDANT.— April 11. Appeal from Barren Circuit Court. Samuel E. JoNes, Circuit Judge. Judgment for defendants. Plaintiff appeals.
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CASE 63. — ACTION BY THE STAR DRILLING- MACHINE CO. AGAINST GEORGE R. McLEOD AND OTHERS TO RECOVER A MACHINE SOLD TO DEFENDANT.— April 11. Appeal from Barren Circuit Court. Samuel E. JoNes, Circuit Judge. Judgment for defendants. Plaintiff appeals. POINTS CONSIDERED AND AUTHORITIES CITED. 1. The appellant’s petition and amended petition state facts which constitute a cause of action and therefore the trial court erred in sustaining the appellee’s demurrer. 2. The appellant’s exhibit “A” containing the agreement' between appellant and appellee McLeod shows there was no sale of the property…
1Opinion of the Court
OPINION by
Chief Justice Hobson
— Reversing.
In July, 1904, tlie Star Drilling Machine Company delivered to Geo. K. McLeod a portable drilling machine, which McLeod used in drilling oil wells ini Barren_ county. On October 17, 1904, creditors of McLeod brought suit in the Barren circuit court against him and took out attachments, which were levied on the drilling machine. Thereupon the Star Drilling Machine Company brought this suit, alleging that it was the owner of the property and took out an order of delivery for it. The written contract under which the machine was delivered to McLeod was…
2Cases cited5 opinions
- Baldwin & Co. v. CrowCourt of Appeals of Kentucky · 1888
- Wicks Bros. v. McConnellCourt of Appeals of Kentucky · 1897
- Welch v. National Cash Register Co.Court of Appeals of Kentucky · 1898
- Herrman v. Whitescarver's Adm'rCourt of Appeals of Kentucky · 1890
- Swigert v. Bank of KentuckyCourt of Appeals of Kentucky · 1856
3Cited by5 opinions
- Wender Blue Gem Coal Co. v. Louisville Property Co.Court of Appeals of Kentucky · 1910
- Humphries v. FitzpatrickCourt of Appeals of Kentucky (pre-1976) · 1934
- Meade v. WellsCourt of Appeals of Kentucky (pre-1976) · 1949
- Stivers v. SteeleCourt of Appeals of Kentucky (pre-1976) · 1929
- United States Fidelity & Guaranty Co. v. McHargueCourt of Appeals of Kentucky (pre-1976) · 1936