Bates v. Burt & Brabb Lumber Co.
Court of Appeals of Kentucky
CASE 76. — ACTION BY BURT & BRABB LUMBER CO. AGAINST MARY J. BATES AND OTHERS UPON BREACH OF WARRANTY IN THE SALE OF LAND. — Appeal from Letcher Circuit Court. M. J. Moss, Circuit Judge. From the judgment both parties appeal — POINTS RAISED. 1. Uporu issues joined the facts were ascertained and determined upon trial of the former appeal pro'secuted 27 Ky.
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CASE 76. — ACTION BY BURT & BRABB LUMBER CO. AGAINST MARY J. BATES AND OTHERS UPON BREACH OF WARRANTY IN THE SALE OF LAND. — Appeal from Letcher Circuit Court. M. J. Moss, Circuit Judge. From the judgment both parties appeal — POINTS RAISED. 1. Uporu issues joined the facts were ascertained and determined upon trial of the former appeal pro'secuted 27 Ky. Law Rep. 767, &e. 2. The trial court h.ad nothing to do in the ca'se but pursue the facts and render a judgment upon the issues in conformity to the cited opinion. 3. Upon return of the case — Trial Judge “Errs” — disregards facts and issues…
1Opinion of the Court
Opinion of the Court by
Chief Justice O’Rear.
This is the second appeal' of this case. The merits of the case, as presented by the somewhat imperfect record before us, impress us that appellee, who sues upon a breach of warranty, did not show itself entitled to recover for a greater number of trees' than were admitted in appellant’s answer. On the other *610hand, the damage done to.appellants’ lands unnecessarily by appellee’s agents in removing the timber, and the value of the trees taken by them that were not branded, as found by the circuit court, 'practically offset the value of the trees lost…
2Cited by7 opinions
- Andrews Et Ux. v. SEC. Bank of W. F.Texas Supreme Court · 1932
- In re BakerCourt of Appeals for the Sixth Circuit · 1910
- Farmers & Traders Bank v. ChildersCourt of Appeals of Kentucky · 1912
- Baca Land & Cattle Company and Dunigan Tool & Supply Company v. George W. Savage, Trustee Under Liquidating Trust Agreement, Intervenor-Appellee v. New Mexico Timber, Inc., and T. P. Gallagher & Co., Inc., Baca Land & Cattle Company and Dunigan Tool & Supply Company v. George W. Savage, Trustee Under Liquidating Trust Agreement, Intervenor-Appellant v. New Mexico Timber, Inc., and T. P. Gallagher & Co., Inc., Baca Land & Cattle Company and Dunigan Tool & Supply Company v. George W. Savage, Trustee Under Liquidating Trust Agreement, Intervenor-Appellee v. New Mexico Timber, Inc., and T. P. Gallagher & Co., Inc.Court of Appeals for the Tenth Circuit · 1971
- Baca Land & Cattle Co. v. SavageCourt of Appeals for the Tenth Circuit · 1971
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