Henderson Bridge Co. v. O'Connor & McCulloch
Court of Appeals of Kentucky
(Jase 51 — PETITION EQUITY — APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. Tile question of the right of the contractors to use Bowling Groen stone, should have been determined upon the contract as written, and therefore, the evidence relating to that question ivas incompetent, and while the question was withdrawn from the jury by the instructions, the incompetent testimony was left to have its full weight in exciting the prejudice and warping the judgment of the jurors.…
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(Jase 51 — PETITION EQUITY — APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. Tile question of the right of the contractors to use Bowling Groen stone, should have been determined upon the contract as written, and therefore, the evidence relating to that question ivas incompetent, and while the question was withdrawn from the jury by the instructions, the incompetent testimony was left to have its full weight in exciting the prejudice and warping the judgment of the jurors. 2. Testimony as to delays and defaults prior to the contract of June, 1883, was incompetent, and the instruction telling…
1Opinion of the CourtChief Justice Lewis
delivered the opietoít op the court.
December 7, 1881, O’Conner & McDonald made a written contract with the Henderson Bridge Company to construct for it, by October 1, 1888, the stone abutments and piers of a bridge across the Ohio river at. Henderson, Kentucky.
*317June —, 1883, with consent of the company, McDonald retired, and McCulloch took his place as member of the firm and party to the contract.
February 14, 1884, the company attempted to annul the contract, and did, April 9, 1884, take possession, and proceed to complete the work, which was in an unfinished state.
This action was instituted…
2Cases cited1 opinion
- Elizabethtown & Paducah R. R. v. GeogheganCourt of Appeals of Kentucky · 1872
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- Howard & Rice v. Thompson Lumber Co.Court of Appeals of Kentucky · 1899
- Newport News & M. V. Co. v. McDonald Brick Co.'s AssigneeCourt of Appeals of Kentucky · 1900
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