Tyler v. Onzts
Court of Appeals of Kentucky
Case 57 — PETITION EQUITY APPEAL PROM BELL COURT OF COMMON PLEAS. The writing sued on is sufficient to take the case out of the Statute of Frauds.
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Case 57 — PETITION EQUITY APPEAL PROM BELL COURT OF COMMON PLEAS. The writing sued on is sufficient to take the case out of the Statute of Frauds. (Ellis v. Deadman’s heirs, 4 Bibb, 466; Fugate v. Hans-ford’s Ex’cr, 3 Litt., 262; Overstreet v. Rice, 4 Bush, 3 ; Miller’s Heirs v. Antle, 2 Bush, 407; Winn v. Henry, 84 Ky., 52.) 1. This case falls within the rule as to mutual dependent covenants which requires that the plaintiff must allege performance on his own part; and the case is to bo distinguished from actions by vendors on notes which are independent covenants and governed by different…
1Opinion of the Court
JHDG-E LEWIS
delivered the opinion op the court.
Appellant brought this action January 13,1890, against J. ~W. Onzts, alleged to be non-resident, on the following writing:
“Received, January 3, 1890, of M. S. Tyler, one hundred dollars, part of cash payment on lot No. 4, block 9, N. E., in Middlesboro, Ky., on following terms : $5,100, $2,500 cash, $1,181.25 in four months, $1,181.25 in eight months, with 6 per cent., and three company notes, $62.50 each, in one, two and three years.
“ J. W. Onzts.
“ By Jas. T. Fisher, Agt.”
He states in his original petition, in substance, that he is and has…
2Cases cited2 opinions
- Ellis v. Deadman's heirsCourt of Appeals of Kentucky · 1816
- Fugate v. Hansford's Ex'rsCourt of Appeals of Kentucky · 1823
3Cited by17 opinions
- Bateman v. . HopkinsSupreme Court of North Carolina · 1911
- Prewitt v. WilbornCourt of Appeals of Kentucky · 1919
- Perry v. WilsonCourt of Appeals of Kentucky · 1919
- Murphy, Thompson & Co. v. ReedCourt of Appeals of Kentucky · 1907
- Hall v. CottonCourt of Appeals of Kentucky · 1915
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