Bacon v. Kentucky Central Railway Co.
Court of Appeals of Kentucky
Case 66 — PETITION EQUITY APPEAL PROM BOURBON CIRCUIT COURT. 1. The want of mutuality ill the contract is fatal to its enforcement. (Litz v. Goosling, 14 Ky. Law Rep., 91; Boucher v. Vanbuskirk, 2 A. K. Mar., 345; Barbour v. Pate, 2 Mon., 8; Jones v. Noble, &c., 3 Bush, 697; Kile v. Orr, &e., 8 Ky.
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Case 66 — PETITION EQUITY APPEAL PROM BOURBON CIRCUIT COURT. 1. The want of mutuality ill the contract is fatal to its enforcement. (Litz v. Goosling, 14 Ky. Law Rep., 91; Boucher v. Vanbuskirk, 2 A. K. Mar., 345; Barbour v. Pate, 2 Mon., 8; Jones v. Noble, &c., 3 Bush, 697; Kile v. Orr, &e., 8 Ky. Law Rep., 349; Allen v. Roberts, 2 Bibb, 98; Smith v. Cansler, 83 Ky., 368.) Cases commented on: Page v. Hughes, 2 B. M., 439; Bank of Louisville v. Baumeister, 87 Ky., 6. 2. The contract was not assignable, 3. The defendant did not comply with the conditions to be performed by it, and hence is not…
1Opinion of the Court
JUDGE HAZELR1GG
delivered the opinion of the court.
On the 17th of March, 1855, ~W. A. Bacon, the appellant, leased to the Covington & Lexington Railroad Company three acres of ground near Paris, Ky., for the term of ten years. The lessee agreed to feuce off the ground into lots, keep it fenced, and only use the premises for cattle lots. Also to pass on its cars the lessor, ivhile on his own business, and his wife and children, during the continuance of the lease. It further agreed that Bacon might put a pair of stock scales on the ground and use them, and would charge no freight for the…
2Cases cited8 opinions
- Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
- Hall v. CenterCalifornia Supreme Court · 1870
- Litz v. GooslingCourt of Appeals of Kentucky · 1892
- Bank of Louisville v. BaumeisterCourt of Appeals of Kentucky · 1888
- In re HunterNew York Court of Chancery · 1831
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Union Gas & Oil Co. v. Wiedeman Oil Co.Court of Appeals of Kentucky (pre-1976) · 1924
- Lindlay v. RaydureDistrict Court, E.D. Kentucky · 1917
- Murphy, Thompson & Co. v. ReedCourt of Appeals of Kentucky · 1907
- Yellow Poplar Lumber Co. v. RuleCourt of Appeals of Kentucky · 1899
- Braten v. BakerWyoming Supreme Court · 1958
5 more not listed; retrieve them via the Exa API.