Berry v. Riess

Opinion of the Court by

Judge Thomas

Reversing on appeal and affirming on cross-appeal.

On and prior to September 18, 1936, the appellee and defendant below, Fred Reiss, owned a bonndary of land in Jefferson connty, “about one mile east of Anchorage, Kentucky, ’ ’ upon which there was located a rock quarry which had been opened and equipped for a number of years, but it had been idle for some months preceding the above date. The last operator was the city of Louisville in procuring rock for its streets. On the date indicated defendant executed a written contract to plaintiff, whereby he leased…