Hornung v. Joseph W. Greathouse Co.

PALMORE, Judge.

This action was brought by appellants {comprising a partnership hereinafter called Hornung) to recover the contract price of $23,650 for dismantling the 6-story Strand Theater and office building in Louisville and preparing the ground for a parking lot. A lien under KRS 376.010 was asserted, and the matter was heard in chancery. The appellee, Joseph W. Greathouse Company, owner of the building, offered to confess judgment for $19,-650 (CR 68) but denied liability for the balance of $4,000 on the ground that the parties had agreed on that sum as damages to be paid Greathouse on…