City of Louisville v. Muldoon
Court of Appeals of Kentucky
Case 81 — PETITION EQUITY — I. The petition is fatally defective in failing to allege that the Barber Asphalt Company did the repairing called for by plaintiffs' contract. The alternative allegation is insufficient. (Civil Code, sec. 113, subsec. 4; L. & N. R. Co. v. Ooppage, 7'Ky. Law Rep., 527. 2. The replies of Messrs.
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Case 81 — PETITION EQUITY — I. The petition is fatally defective in failing to allege that the Barber Asphalt Company did the repairing called for by plaintiffs' contract. The alternative allegation is insufficient. (Civil Code, sec. 113, subsec. 4; L. & N. R. Co. v. Ooppage, 7'Ky. Law Rep., 527. 2. The replies of Messrs. Harris, Snyder and Muldoon are not sufficient, because they deny having knowledge or information sufficient to constitute a belief as to the allegations of the counter-claim of the city, whereas the facts alleged were such that plaintiffs were bound to know. (Civil Code, sec…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
' In 1883 T. P. Shanks, principál, and M. Muldoon and J. L. Smyser,. sureties, made a contract with, the •City of Louisville for reconstruction of Third street by laying an' asphalt pavement from Kentucky street to Shipp avenue, at a price per yard fixed, and payable upon monthly estimates during progress of the work, which was to be done according .to plans and .specifications of the city engineer, made part of the contract. One clause of the specifications is as follows: “Good and.sufficient.bonds to the City of Louisville, in a penal sum' equal…
2Cited by2 opinions
- Ex Parte DixonSupreme Court of Missouri · 1932
- Hoffman v. City of MaysvilleCourt of Appeals of Kentucky · 1906