Legal Opinion

Hollerbach & May Contract Co. v. Wilkins

Court of Appeals of Kentucky

Decided October 22, 1908PublishedCited by 10 opinions

CASE 6. — ACTION BY J. ARCH WILKINS AGAINST THE HOLLERBACH & MAY CONTRACT COMPANY FOR A BREACH OF CONTRACT. — Appeal from Warren Circuit Court. John M. Galloway, Circuit Judge.

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CASE 6. — ACTION BY J. ARCH WILKINS AGAINST THE HOLLERBACH & MAY CONTRACT COMPANY FOR A BREACH OF CONTRACT. — Appeal from Warren Circuit Court. John M. Galloway, Circuit Judge. Judgment for plaintiff, defendant appeals — OUR CONTENTION IS 1. That the evidence fails to show that there was any contract, or that it was intended that the parties should be bound until the contract was reduced to writing and signed and a bond executed by appellee for the faithful performance of his contract in the event a contract should be made between them. 2. That the court erred in overruling appellant’s motion…

1Opinion of the Court

Opinion of the Court by

Judge Barker —

Affirming.

This is an action for the breach of an alleged contract between appellee and appellant for the sale and delivery by the former to the latter of 4,000 cubic yards of broken rock to be used in constructing lock and dam No. 6 in Green river. Appellee alleged in his petition that appellant, a corporation, had secured the contract from the United! States government to construct the lock and dam in question, and that in the construction of this work is needed about 4,000 cubic yards of broken stone of dimensions not less than one-half cubic foot ñor…

2Cases cited2 opinions

  1. Bell v. OffuttCourt of Appeals of Kentucky · 1874
  2. Mattingly v. Springfield Fire & Marine Ins.Court of Appeals of Kentucky · 1904

3Cited by10 opinions

  1. M & R Contractors & Builders, Inc. v. MichaelCourt of Appeals of Maryland · 1958
  2. Owensboro Shovel & Tool Co. v. MooreCourt of Appeals of Kentucky · 1913
  3. Frederick Raff Co. v. MurphySupreme Court of Connecticut · 1929
  4. Dohrman v. SullivanCourt of Appeals of Kentucky (pre-1976) · 1949
  5. Tucker v. Pete Sheeran, Bro. & Co.Court of Appeals of Kentucky · 1913

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