Louisville, &c., Railroad Co. v. Neafus
Court of Appeals of Kentucky
Case 13 — PETITION ORDINARY APPEAL PROM MEADE CIRCUIT COURT. 1. The deed executed by plaintiffs to defendant is a written contract, and suit to recover compensation or damages for a breach of the contract should set forth what the written contract was, and if the consideration therein expressed was erroneous should charge that the consideration was expressed by mistake, and should seek to have the writing reformed, and for relief based on the re-formed instrument.
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Case 13 — PETITION ORDINARY APPEAL PROM MEADE CIRCUIT COURT. 1. The deed executed by plaintiffs to defendant is a written contract, and suit to recover compensation or damages for a breach of the contract should set forth what the written contract was, and if the consideration therein expressed was erroneous should charge that the consideration was expressed by mistake, and should seek to have the writing reformed, and for relief based on the re-formed instrument. The plaintiff can not sue upon a parol contract which was subsequently merged in a written agreement. (Parmer v. Gregory, &c., 78…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
*56Appellees, husband and wife, brought this action to^ recover of appellant damages for breach of contract. It is stated in the petition that they are owners of a tract of land in Meade county, and proceedings for fixing their compensation in damages for way of appellant’s railroad over it being then pending, a contract was made between the parties whereby appellant agreed that if they would convey to it for such way, a strip eighty feet wide through the land, and another seventy feet wide and one thousand two hundred feet long, it would construct…
2Cited by9 opinions
- Southard v. Arkansas Valley & W. Ry. Co.Supreme Court of Oklahoma · 1909
- Louisville, A. & P. V. Electric Ry. Co. v. WhippsCourt of Appeals of Kentucky · 1904
- DeGoey v. Van WykSupreme Court of Iowa · 1896
- Beatty v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1917
- Louisville, Railway Co. v. TaylorCourt of Appeals of Kentucky · 1894
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