Yellow Poplar Lumber Co. v. Rule
Court of Appeals of Kentucky
Case 53 — ACTION FOR DAMAGES FOR BREACH. OF CONTRACT — APPEAL FROM BOÍD CIRCUIT COURT. 1. The contract sued on was not enforceable for lack of mutuality. L. & N. R. R. Co. v. Offutt, 18 Ky. Law Rep., 303; Bishop on Contracts, par. 78, 318. 2. Assuming that a valid and binding contract was entered into, ■ the relation of master and servant according to plaintiff’s allegation and proof was to continue as long as this mill should operate on the Ohio river.
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Case 53 — ACTION FOR DAMAGES FOR BREACH. OF CONTRACT — APPEAL FROM BOÍD CIRCUIT COURT. 1. The contract sued on was not enforceable for lack of mutuality. L. & N. R. R. Co. v. Offutt, 18 Ky. Law Rep., 303; Bishop on Contracts, par. 78, 318. 2. Assuming that a valid and binding contract was entered into, ■ the relation of master and servant according to plaintiff’s allegation and proof was to continue as long as this mill should operate on the Ohio river. Assuming that the statute of frauds does .noit apply, that is a hiring for an indefinite length of time and as such was terminable at the…
1Opinion of the CourtChief Justice Hazelrigg
Appellee Rule, was an employe in one of the sawmills of appellant company, and, upon having his thumb cut off, as he claims, by the negligence of the company’s agents, demanded damages for the injury. He was met with a proposal on the part of the company that if he would fore-go his suit for damages, and. surrender all claim therefor, *457it would give him employment at the rate of $2.50 per day so long as it was engaged in the sawmill business on the Ohio river. He accepted this offer, but afterwards, when was able to work, and when the mills of the company •had resumed operation, he was refused…
2Cases cited7 opinions
- East Line & Red River Railroad v. ScottTexas Supreme Court · 1888
- Pennsylvania Co. v. DolanIndiana Court of Appeals · 1892
- Louisville & Nashville Railroad v. OffuttCourt of Appeals of Kentucky · 1896
- Dickey v. DickinsonCourt of Appeals of Kentucky · 1899
- Bacon v. Kentucky Central Railway Co.Court of Appeals of Kentucky · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Louisville & Nashville R. R. v. CoxCourt of Appeals of Kentucky · 1911
- Edwards v. Kentucky Utilities Co.Court of Appeals of Kentucky (pre-1976) · 1941
- East Tennessee Telephone Co. v. Paris Electric Co.Court of Appeals of Kentucky · 1914
- Darknell v. Coeur D'Alene & St. Joe Transportation Co.Idaho Supreme Court · 1910
- Putnam v. Producers' Live Stock Marketing Ass'nCourt of Appeals of Kentucky (pre-1976) · 1934
15 more not listed; retrieve them via the Exa API.