Cunningham v. Standard Construction Co.
Court of Appeals of Kentucky
CASE 28. — ACTION BY R. M. CUNNINGHAM AGAINST THE STANDARD CONSTRUCTION COMPANY FOR THE PRICE OF CERTAIN LUMBER. — Appeal from Jefferson Circuit Court (Chancery Branch, First Division). Prom a judgment of dismissal plaintiff appeals.— CLASSIFICATION. 1. Appellee accepted the lumber furnished by appellant. Using, painting and 'destroying -the flooring is an acceptance.
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CASE 28. — ACTION BY R. M. CUNNINGHAM AGAINST THE STANDARD CONSTRUCTION COMPANY FOR THE PRICE OF CERTAIN LUMBER. — Appeal from Jefferson Circuit Court (Chancery Branch, First Division). Prom a judgment of dismissal plaintiff appeals.— CLASSIFICATION. 1. Appellee accepted the lumber furnished by appellant. Using, painting and 'destroying -the flooring is an acceptance. Benjamin on Sales, See. 740. 2. By using the lumber before inspection appellee waived the right to an inspection. 3. There is not proof of an accord and satisfaction. A. An accord is an agreement and requires ¡a consideration'.…
1Opinion of the Court
Opinion of the court by
Judge Lassing.
— Affirming.
The Standard Construction Company had a contract to build the office building of the Louisville & Nashville Railroad Company at Ninth and Broadway streets, in Louisville, Ky., and it purchased from appellant, R. M. Cunningham, a lot of maple flooring for use in said building. The contract under which this lumber was bought provided that it should be of a certain standard or grade, and that the chief engineer superintending the work for the Louisville & Nashville Railroad Co. should pass upon and determine the question as to whether or not the…
2Cases cited5 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Ostrander v. ScottIllinois Supreme Court · 1896
- Washington N. Gas Co. v. JohnsonSupreme Court of Pennsylvania · 1889
- Connecticut River Lumber Co. v. BrownSupreme Court of Vermont · 1895
- Hutton v. StoddartIndiana Supreme Court · 1882
3Cited by19 opinions
- Whittaker Chain Tread Co. v. Standard Auto Supply Co.Massachusetts Supreme Judicial Court · 1913
- Barham v. Bank of DelightSupreme Court of Arkansas · 1910
- Warfield Natural Gas Co. v. AllenCourt of Appeals of Kentucky (pre-1976) · 1935
- Bergman Produce Co. v. BrownCourt of Appeals of Texas · 1913
- Frazier v. RayNew Mexico Supreme Court · 1923
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