Edelen v. Samuels & Co.
Court of Appeals of Kentucky
CASE 35. — ACTION BY R. H. EDELEN AND OTHERS AGAINST W. B. SAMUELS & CO. TO ENFORCE SPECIFIC PERFORMANCE OF A CONTRACT. — Appeal from Nelson Circuit Court. Samuel E. Jones, Circuit Judge.
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CASE 35. — ACTION BY R. H. EDELEN AND OTHERS AGAINST W. B. SAMUELS & CO. TO ENFORCE SPECIFIC PERFORMANCE OF A CONTRACT. — Appeal from Nelson Circuit Court. Samuel E. Jones, Circuit Judge. From a judgment sustaining a general demurrer to the petition, plaintiff: appeals. — POINTS AND AUTHORITIES. 1. The contract is valid and binding because it is alleged that the appellee corporation executed it, which is confessed by the demurrer. 2. Courts of equity* will decree the specific performance of contracts respecting personalty as well as realty if no adequate and correct compensation can be made…
1Opinion of the Court
Opinion of the Court by
Judge Barker
Affirming.
This action was instituted in the Nelson circuit court for the specific performance of the following-*298contract, which, although long, we consider necessary to set forth in full:
“Samuels, Ky., Nov. 29, 1906.
“This writing witnesseth that W. B. Samuels & Co., Incorporated, of Nelson county, state of Kentucky, have this day employed and do hereby employ, constitute and authorize T. G. Gilmore & Co., Incorporated, of Louisville, Ky., to make a contract for and on its behalf, for the sale of its distillery property at Samuels Depot, in Nelson county,…
2Cases cited5 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Beck v. . AllisonNew York Court of Appeals · 1874
- Poet Clinton Railroad v. Cleveland & Toledo RailroadOhio Supreme Court · 1862
- Schmidtz v. L. & N. R. R.Court of Appeals of Kentucky · 1897
- Bomer v. CanadayMississippi Supreme Court · 1901
3Cited by13 opinions
- Texas Co. v. Central Fuel Oil Co.Court of Appeals for the Eighth Circuit · 1912
- Fraley, Adm'r v. WilkinsonSupreme Court of Oklahoma · 1920
- Posey v. KimseyCourt of Appeals of Kentucky · 1912
- Mattingly's v. BrentsCourt of Appeals of Kentucky · 1913
- United Coin Met. Co., Inc. v. Johnson-Campbell Lbr. Co.Court of Appeals of Texas · 1973
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