Rich v. Rose
Court of Appeals of Kentucky
CASE 86. — FORCIBLE DETAINER PROCEEDING BY MARY L. ROSE AGAINST R. R. RICH. Appeal from Kenton Circuit Court W. McD. Shaw, Circuit Judge. Judgment for plaintiff. 1. We submit that appellants plea of estoppel should have been sustained and a judgment for him should have been entered by the court below. (Masonic Savings Bank v. Ronald’s Executor, 1 Ky. Law Rep., 273; Rhodes v. Rhodes, 18 Ky. Law Rep., 916; Hill v. Spaulding, 21 Ky. Ky.
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CASE 86. — FORCIBLE DETAINER PROCEEDING BY MARY L. ROSE AGAINST R. R. RICH. Appeal from Kenton Circuit Court W. McD. Shaw, Circuit Judge. Judgment for plaintiff. 1. We submit that appellants plea of estoppel should have been sustained and a judgment for him should have been entered by the court below. (Masonic Savings Bank v. Ronald’s Executor, 1 Ky. Law Rep., 273; Rhodes v. Rhodes, 18 Ky. Law Rep., 916; Hill v. Spaulding, 21 Ky. Ky. Law Rep., 1383; Morehead v. More-head, 16 Ky. jaw Rep , 34.) 2. A party cannot take two inconsistent positions. 3. A cause of forfeiture in a lease may be…
1Opinion of the Court
*671Opinion op the Court by
John D. Carroll, Commissioner
R ever sing.
This appeal is prosecuted from a judgment of the Kenton circuit court holding appellant guilty of forcible detainer. It appears that on December 15, 1903, appellant executed to appellee a note for $1,600, payable in monthly installments of $25 each, beginning on January 1, 1904; the contract providing that, if appellant failed to make any of the payments within 30 days after the same became due and payable, then the whole amount of the debt became due and payable at the option of the appellee. To secure the payment of this…
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