Mayes v. Lane
Court of Appeals of Kentucky
'Case 61 — Action by A. C. Mayes, &c., against J. E. Lane and Others on a Contract for Building a Church. APPEAL FROM M’CRACKEN CIRCUIT COURT. Judgment for Defendants and Plaintiffs Appeal.
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'Case 61 — Action by A. C. Mayes, &c., against J. E. Lane and Others on a Contract for Building a Church. APPEAL FROM M’CRACKEN CIRCUIT COURT. Judgment for Defendants and Plaintiffs Appeal. Appellants contend: ,1. That in an action at law wherein the answer presents a purely legal defense, and where, upon the calling of the case for trial a jury is waived and the case submitted to the court for hearing upon the law and facts, thet appellant had a right no require the court to separate his conclusions of fact and of law, and it is error in the court after this request has been duly made, to…
1Opinion of the Court
Opinion of the court by
JUDGE PAYNT-ER
Reversing.
The Christian church at Princeton burned, and the congregation, desiring to rebuild it, entered into a contract with the appellee, James E. Lane, a contractor, for that purpose.. The contract price was $4,300, but it was reduced to $4,280. Article 4 of the contract reads as follows:
“In consideration of the fulfillment of the agreement herein made by the contractor, the- owner agrees to pay the said' contractor the sum of forty-three hundred dollars ($4,300.00) in installments as. follows: 85 per cent, of the cost of the-labor and materials…
2Cited by22 opinions
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- Pacific States Electric Co. v. United States Fidelity & Guaranty Co.California Court of Appeal · 1930
- Southern Surety Co. v. United States Cast Iron Pipe & Foundry Co.Court of Appeals for the Eighth Circuit · 1926
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