Harmon v. Thompson
Court of Appeals of Kentucky
Case 67 — Action by H. P. Thompson Against Archer Habmon and Others for Breach of Contract in the Sale of Town Lots.— APPEAL FROM CLARK CIRCUIT COURT-J. SMITH HAYS', SPECIAL JUDGE. Judgment for Plaintiff. Defendant Harmon Appeals.
Read the full summary
Case 67 — Action by H. P. Thompson Against Archer Habmon and Others for Breach of Contract in the Sale of Town Lots.— APPEAL FROM CLARK CIRCUIT COURT-J. SMITH HAYS', SPECIAL JUDGE. Judgment for Plaintiff. Defendant Harmon Appeals. POINTS AND AUTHORITIES. 1. If this is an action suing for the purchase price or for specific performance to enforce a vendor’s lien, the demurrer to the petition should have been sustained, as appellee failed to allege that he was ready, willing and able to convey or tender a deed for same. Calvin v. Duncan, 12 Bush, 101; Williams v. Abrahams, 3 Bush, 186; Phillips…
1Opinion of the Court
Opinion of the coubt by
JUDGE O’REAR
Affirming.
This suit involved the construction of the contract copied below, the measure of damage for its breach, and the nature and requisites of the action upon it.
The contract is worded as follows:
“This agreement witnesseth that whereas H. P. Thompson owns certain lands in and near Winchester, Kentucky, and whereas the undersigned P». E. Talbutt and Archer Harmon desire to have the control and right of selling said lands consisting of the unsold lands lying south of Belmont street, which runs south of the house of said H. P. Thompson and on the boundary…
2Cases cited3 opinions
- Hill v. RaglandCourt of Appeals of Kentucky · 1902
- McBrayer v. CohenCourt of Appeals of Kentucky · 1892
- McGee v. AndersonCourt of Appeals of Kentucky · 1841
3Cited by26 opinions
- Dopp v. RichardsUtah Supreme Court · 1913
- Graves v. WinerCourt of Appeals of Kentucky (pre-1976) · 1961
- Eaton v. TrautweinCourt of Appeals of Kentucky (pre-1976) · 1941
- McDaniel v. DavesSupreme Court of Virginia · 1924
- Myers v. SaltryCourt of Appeals of Kentucky · 1915
21 more not listed; retrieve them via the Exa API.