McConathy v. Lanham
Court of Appeals of Kentucky
Case 80 — Action by J. F.. Lanham. and Others against "W. J. Mc-Conathy and Others to Enforce a Written Contract. APPEAL FROM CRITTENDEN CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. In November, 1899, appellees signed a writing agreeing to sell appellants a mineral lease for ?600, conditioned that if the consideration “is not paid on before the 31st day of December, 1899, this contract of sale shall be null and- void.”
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Case 80 — Action by J. F.. Lanham. and Others against "W. J. Mc-Conathy and Others to Enforce a Written Contract. APPEAL FROM CRITTENDEN CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. In November, 1899, appellees signed a writing agreeing to sell appellants a mineral lease for ?600, conditioned that if the consideration “is not paid on before the 31st day of December, 1899, this contract of sale shall be null and- void.” This writing was signed by appellees but not signed by appellants. The appellants declined to take the lease at the price stated and the appellees filed suit…
1Opinion of the Court
Opinion op the court by
CHIEF JUSTICE BURNAM
Reversing.
In November, 1899, the appellees, J. T. Lanham, E. L. Lanham, and H. C. Truitt, executed and delivered to the appellants, W. J. McConathy and W. E. Burke, the following writing: “This contract witnesseth that: Whereas J. T. Lanham holds a lease of mineral rights in the lands owned by the Page and Krausee Mining and Manufacturing Company of St. Louis, Missouri, lying in Crittenden county, Kentucky, and, whereas, he has sold one-foiirth undivided interest in said mineral lease to T. J. Carter, and one-fourth interest to E. L. Lanham, and…
2Cases cited4 opinions
- Emerson v. SlaterSupreme Court of the United States · 1860
- Swain v. SeamansSupreme Court of the United States · 1870
- Litz v. GooslingCourt of Appeals of Kentucky · 1892
- Stembridge v. Stembridge's AdministratorCourt of Appeals of Kentucky · 1888
3Cited by8 opinions
- Murray v. BoydCourt of Appeals of Kentucky · 1915
- Klatch v. SimpsonCourt of Appeals of Kentucky (pre-1976) · 1931
- Empire Gas & Fuel Co. v. SternCourt of Appeals for the Eighth Circuit · 1926
- Stamey v. HempleCourt of Appeals for the Ninth Circuit · 1910
- Thompson v. RobinsonWest Virginia Supreme Court · 1909
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