John King Co. v. L. & N. R. R.
Court of Appeals of Kentucky
CASH 5. — ACTION BY THE JOHN KING COMPANY AGAINST THE LOUISVILLE & NASHVILLE RAILROAD CO., ON A CONTRACT FOR DIGGING PITS. Appeal from Daviess Circuit Court. T. P. Birkhead, Circuit Judge. Judgment for defendant. Plaintiff appeals.
Read the full summary
CASH 5. — ACTION BY THE JOHN KING COMPANY AGAINST THE LOUISVILLE & NASHVILLE RAILROAD CO., ON A CONTRACT FOR DIGGING PITS. Appeal from Daviess Circuit Court. T. P. Birkhead, Circuit Judge. Judgment for defendant. Plaintiff appeals. SYNOPSIS OP POINTS RELIED ON FOR REVERSAL. 1. The original contract sued on was in writing, but was modified by a subsequent oral agreement between the parties. 2. The defense relied on: The answer to the petition and the amended petition pretends to be a traverse; if to be considered a traverse, the denials are most disingenuously made. The suit was properly…
1Opinion of the Court
Opinion op the Court by
Chiep Justice O’Rear
Reversing.
Appellee advertised for bids for excavating and grading grounds at Corbin, Ky., necessary to enlarge its yards and for the accommodation of its machine shops at that point. The surface of the country was uneven, so that a hill some 10 or 12 feet high had to be cut down for a considerable width, and the dirt and material taken from the excavation used in making a fill at an adjacent point, where the land was lower than the track level. To enable bidders to know what the character of the formation to be excavated was, as well, perhaps, as to…
2Cases cited2 opinions
- O'Connor v. Henderson Bridge Co.Court of Appeals of Kentucky · 1894
- Creager v. WalkerCourt of Appeals of Kentucky · 1870
3Cited by14 opinions
- Wallace v. CookCourt of Appeals of Kentucky · 1921
- Murray v. BoydCourt of Appeals of Kentucky · 1915
- United Steed Co. v. CaseyCourt of Appeals for the Sixth Circuit · 1920
- Vinaird v. Bodkin's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1934
- Davis v. Commissioners of SewerageDistrict Court, W.D. Kentucky · 1936
9 more not listed; retrieve them via the Exa API.