Legal Opinion

Bates Machine Co. v. Norton Iron Works

Court of Appeals of Kentucky

Decided May 20, 1902PublishedCited by 16 opinions

Case 50 — Action by Norton Iron Works v. The Bates Machine Comban y to Recover Damages for Breach of Contract.— APPEAL FROM BOYD CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. Appellant is a non-resident corporation, having its principal place of business at Joliet, Illinois, and appellee is a corpora^ tion having its principal place of business at Ashland, Kentucky.

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Case 50 — Action by Norton Iron Works v. The Bates Machine Comban y to Recover Damages for Breach of Contract.— APPEAL FROM BOYD CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. Appellant is a non-resident corporation, having its principal place of business at Joliet, Illinois, and appellee is a corpora^ tion having its principal place of business at Ashland, Kentucky. Appellee was, in 1896, engaged in the manufacture of cut nails, and ordered ten wire nail machines from appellant for the purpose of embarking in the new enterprise of manufacturing and selling wire nails. Appellee…

1Opinion of the Court

Opinion of the court by

JUDGE WHITE

Affirming.

This is an action tor damages arising- from a breach of contract by appellant, Bates Machine Company, to furnish to appellee, Norton Iron Works, machines to manufacture wire nails. Appellant is a foreign corporation, and when the action was filed an attachment was sued out, and the Ashland Steel Company was summoned as garnishee. That company answered, admitting an indebtedness of $2,500, which was. ordered to be paid into court. The appellant filed its answer, admitting the contract, and failure to deliver the machines contracted for, but pleads…

2Cases cited7 opinions

  1. Chicago, Rock Island & Pacific Railway Co. v. SturmSupreme Court of the United States · 1899
  2. Wyman v. HalsteadSupreme Court of the United States · 1884
  3. Wilkins v. EllettSupreme Court of the United States · 1870
  4. Wilkins v. EllettSupreme Court of the United States · 1883
  5. Bluegrass Cordage Co. v. Luthy & Co.Court of Appeals of Kentucky · 1896

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3Cited by16 opinions

  1. Chain Belt Co. v. United StatesUnited States Court of Claims · 1953
  2. Howard Supply Co. v. WellsCourt of Appeals for the Sixth Circuit · 1910
  3. Union Cotton Co. v. BondurantCourt of Appeals of Kentucky · 1920
  4. Elder v. Florsheim Shoe CompanyCourt of Appeals of Kentucky (pre-1976) · 1925
  5. Log Mountain Coal Co. v. White Oak Coal Co.Court of Appeals of Kentucky · 1915

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