Wells v. Commonwealth, Department of Highways

PALMORE, Judge.

This is a suit against the Commonwealth for damages resulting from an alleged breach of contract. The appeal was briefed and submitted prior to Foley Construction Company v. Ward, Ky., 375 S.W. 2d 392 (1963), in which it was held that the doctrine of sovereign immunity prevents recovery in contract actions against the state. At the close of plaintiffs’ evidence the trial court dismissed the claim on the basis of the terms of the contract and the proof relevant to its alleged breach. The defense of sovereign immunity was not specially pleaded or relied upon. However, it is a…