Linn Boyd Tobacco Warehouse Co. v. Terrill
Court of Appeals of Kentucky
Case 52 — PETITION ORDINARY APPEAL PROM M’CRACKEN CIRCUIT COURT. 1. The difference between Terrill’s bid and the price at which the property was resold represents the damage sustained by the owner of the property by Terrill’s failure to execute his bonds and comply with his contract.
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Case 52 — PETITION ORDINARY APPEAL PROM M’CRACKEN CIRCUIT COURT. 1. The difference between Terrill’s bid and the price at which the property was resold represents the damage sustained by the owner of the property by Terrill’s failure to execute his bonds and comply with his contract. That difference also represents the additional credit that the owner, the appellant, would have had on the executions against it. 2. The paper signed by the sheriff as the agent of the bidder, showing the amount and for what the bid was made, etc., took the transaction out of the statute of frauds. The execution…
1Opinion of the CourtChief Justice Lindsay
The sheriff of McCracken County, under and by virtue of various executions against the Linn Boyd Tobacco Warehouse Company, levied on the right of redemption held by said company in certain real estate situated in the city of Paducah. After due advertisement he offered said right for sale, and appellee Terrill bid therefor $11,050, and it was stricken off to him. He refused to execute to the,sheriff the necessary sale-bonds, and thereupon the property was readvertised, and on the succeeding county-court day was sold to the then highest bidder for the sum of $9,000. In the sheriff’s return…
2Cases cited4 opinions
- Fugate v. Hansford's Ex'rsCourt of Appeals of Kentucky · 1823
- Curnutt v. RobertsCourt of Appeals of Kentucky · 1850
- Brothers v. PorterCourt of Appeals of Kentucky · 1845
- Watson's administrator v. ViolettCourt of Appeals of Kentucky · 1865
3Cited by4 opinions
- Izard v. Connecticut Fire InsuranceSupreme Court of Arkansas · 1917
- Cornett v. ClereCourt of Appeals of Kentucky · 1922
- Kentucky Utilities Co. v. SteenmanCourt of Appeals of Kentucky (pre-1976) · 1940
- Phelps v. PinkstonCourt of Appeals of Kentucky · 1878