Legal Opinion

Denhard v. Hurst

Court of Appeals of Kentucky

Decided September 18, 1901PublishedCited by 6 opinions

Case 51 — Action on an Account APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Plaintiffs and Defendant Appeals.

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Case 51 — Action on an Account APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Plaintiffs and Defendant Appeals. The appellant's ask a reversal in this ease: 1. Because under the pleadings the appellants had the burden of proof and was entitled to the closing argument, and the court erred in refusing to grant same when claimed. 2. Because the court refused to permit appellant to introduce evidence as to the damage sustained in the loss of profits on the goods which appellees had contracted to deliver. AUTHORITIES. Code of Practice, sec. 526; Code of Practice, sub-sec.…

1Opinion of the Court

Opinion of the court by

JUDGE GUFFY

Reversing.

The appellees, Hirst & Rogers, instituted this action in the Jefferson circuit court, common pleas division, against appellant, seeking to recover a judgment for the sum of $588.65, the alleged purchase price of a certain lot of carpeting. The defense relied on in the original and reformed answer and counterclaim is, in substance, that the plaintiffs sold to her and agreed and promised to deliver to her at the depot in Philadelphia a lot of merchandise, to wit, a number of rolls or pieces of carpet, the kind and amount thereof being specified in the…

2Cases cited4 opinions

  1. Bluegrass Cordage Co. v. Luthy & Co.Court of Appeals of Kentucky · 1896
  2. Campbellsville Lumber Co. v. Bradlee & WigginsCourt of Appeals of Kentucky · 1895
  3. Hauser, Brenner & Fath Co. v. Tate & Co.Court of Appeals of Kentucky · 1899
  4. Canton, Cadiz & Hopkinsville Turnpike Co. v. McIntireCourt of Appeals of Kentucky · 1899

3Cited by6 opinions

  1. Howard Supply Co. v. WellsCourt of Appeals for the Sixth Circuit · 1910
  2. Justice v. PetersCourt of Appeals of Kentucky · 1916
  3. Log Mountain Coal Co. v. White Oak Coal Co.Court of Appeals of Kentucky · 1915
  4. Langan & Taylor Storage & Moving Co. v. TennellyCourt of Appeals of Kentucky · 1906
  5. Woerman v. McKinney-Guedry Co.Court of Appeals of Kentucky · 1917

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