Legal Opinion

Brooks v. Smith

Court of Appeals of Kentucky (pre-1976)

Decided June 23, 1954PublishedCited by 5 opinions

1Opinion of the Court

WADDILL, Commissioner.

Dr. J. H. Brooks appeals from a judgment against him in the sum of $9,000, rendered in favor of Ida A. Smith as dam- , ages for breach of contract. The question which determines our disposition of this appeal is whether or not a written instrument, agreed to and signed by the parties, constitutes a valid and enforceable contract.

The alleged contract reads in pertinent part as follows:.

“ 'This indenture, made this 17th%ay of November, 1950, between Ida A.' Smith1 of Pineville, Kentucky, hereinafter referred to as the lessor of the first part and Dr. J. H. Brooks, doing…

2Cases cited3 opinions

  1. Slayter v. PasleyOregon Supreme Court · 1953
  2. Baltimore & Ohio Railroad v. StewartCourt of Appeals of Maryland · 1891
  3. State ex rel. Silver v. KendallNebraska Supreme Court · 1883

3Cited by5 opinions

  1. Auto Channel, Inc. v. Speed Vision Network, LLCDistrict Court, W.D. Kentucky · 2001
  2. Condovest Corp. v. John Street Builders, Inc.Court of Appeals of Texas · 1983
  3. First Technology Capital, Inc. v. JPMorgan Chase Bank, N.A.District Court, E.D. Kentucky · 2014
  4. M. R. Kopmeyer Co. v. BarnesCourt of Appeals of Kentucky · 1955
  5. Cambridge Engineering, Inc. v. Robertshaw Controls Co.District Court, E.D. Missouri · 1997

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