Grady v. Pruit
Court of Appeals of Kentucky
Case 11 — Action to Recover Balance Allesed to be Due for the Building of a Schoolhouse appeal from m’lean circuit court. Judgment for Defendants and Plaintiff Appeals. This suit was brought to recover a balance of $604, due for building a ischoolihouse. The case was decided on demurrer to plaintiff’s petition in the lower court and plaintiff has appealed.
Read the full summary
Case 11 — Action to Recover Balance Allesed to be Due for the Building of a Schoolhouse appeal from m’lean circuit court. Judgment for Defendants and Plaintiff Appeals. This suit was brought to recover a balance of $604, due for building a ischoolihouse. The case was decided on demurrer to plaintiff’s petition in the lower court and plaintiff has appealed. The single question of law, we think, to he decided is whether or not the contract sued on imports the personal liability of the appellees. The language of the contract is: “The parties of the second part do hereby for the said party of the…
1Opinion of the Court
Opinion of the court by
JUDGE WHITE
Affirming.
Appellant brought this action again'st appellees Pruit, Young, and Riggs, seeking to recover of them $604, being the balance due appellant for the construction of a school house in Calhoun, Ky., white common-school district No. 12. His petition sets out in full the contract under which the house was built, and alleges full performance on his part, and the payment by appellees of $2,173, and a balance due of $604. The petition seeks to hold appellees personally liable. The court below1 sustained a demurrer to the petition, and, after amendment,…
2Cases cited3 opinions
- Commonwealth v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1899
- Trask v. RobertsCourt of Appeals of Kentucky · 1841
- Burbank v. Posey's administratorCourt of Appeals of Kentucky · 1870
3Cited by3 opinions
- Board of Trustees v. PostelCourt of Appeals of Kentucky · 1905
- City of Ft. Worth v. ReynoldsCourt of Appeals of Texas · 1916
- Bartelson v. International School District No. 5North Dakota Supreme Court · 1919