Litz v. Goosling
Court of Appeals of Kentucky
Case 29 — PETITION EQUITY APPEAL PROM PIKE CIRCUIT COURT. The contract sued on is enforceable. The lower court did right in sustaining demurrer to the petition. First: Because there is no description of the land in the petition or amended petition, or in the exhibits filed with the petition. Second: Because the contract lacks mutuality, the essential element, of a binding contract. (Fry on Specific Performance, Bd ed., p. 214,. sec. 440; Pomeroy’s Eq.
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Case 29 — PETITION EQUITY APPEAL PROM PIKE CIRCUIT COURT. The contract sued on is enforceable. The lower court did right in sustaining demurrer to the petition. First: Because there is no description of the land in the petition or amended petition, or in the exhibits filed with the petition. Second: Because the contract lacks mutuality, the essential element, of a binding contract. (Fry on Specific Performance, Bd ed., p. 214,. sec. 440; Pomeroy’s Eq. Jur., vol. 8, p. 447, sec. 1408; Warvell on Vendors, p. 474, sec. 10; 2 Mon., 5; 8 Bush, 697".) Third: Because the petition fails to charge…
1Opinion of the CourtChief Justice Holt
delivered ti-ie opinion op the court.
The writing signed by the appellees, Goosling and’ wife, recites that they “ agree, in consideration of one-dollar, to sell and convey unto E. H. Sudduth, * * with general warranty of title, * * all the coal in, upon and underlying a certain tract or parcel of land, situated in the county of Pike and said State, containing by estimation about one thousand acres * *
The conditions of the above covenant are the following: *186“ That the party of the second part be allowed twelve months from the date hereof to dig upon and explore said land for metals and…
2Cases cited3 opinions
- Bank of Louisville v. BaumeisterCourt of Appeals of Kentucky · 1888
- Smith v. CanslerCourt of Appeals of Kentucky · 1885
- Jones v. NobleCourt of Appeals of Kentucky · 1868
3Cited by38 opinions
- Dyer v. DuffyWest Virginia Supreme Court · 1894
- Killebrew v. MurrayCourt of Appeals of Kentucky · 1912
- Brown v. WilsonSupreme Court of Oklahoma · 1916
- Trogden v. . WilliamsSupreme Court of North Carolina · 1907
- Berry v. FrisbieCourt of Appeals of Kentucky · 1905
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