Foster v. Watson
Court of Appeals of Kentucky
APPEAL FROM FRANKLIN CIRCUIT. Thomas S. Page purchased of Gray & Todd a confectionery store in Frankfort, at a cost of about $-, and engaged Lewis Foster to take charge of it, agreeing that when, by the profits arising from the business, it should be paid for, or Page otherwise released from responsibility, to convey the establishment to Mrs. James R. Watson and Foster, or to any one else they might direct.
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APPEAL FROM FRANKLIN CIRCUIT. Thomas S. Page purchased of Gray & Todd a confectionery store in Frankfort, at a cost of about $-, and engaged Lewis Foster to take charge of it, agreeing that when, by the profits arising from the business, it should be paid for, or Page otherwise released from responsibility, to convey the establishment to Mrs. James R. Watson and Foster, or to any one else they might direct. Foster having been before occasionally intemperate gave Page a verbal promise to keep sober, and attend faithfully to the business, which he did for about five months, when he took a…
1Opinion of the CourtChief Justice Marshall
It is manifest from the statements of the petition that the primary object of the entire transaction to which it refers, was, so far as Page and the Watsons were concerned, to benefit Mrs. Watson by securing for her use the net profits, or a certain portion of the profits, of a confectionery store, which was expected, under proper management, to yield a large profit. It was for the promotion of this object that Page incurred the responsibility of purchasing the store, and it was for the purpose of securing at once an indemnity against that responsibility, and the intended benefit to Mrs.…
2Cited by3 opinions
- Talamini v. RosaCourt of Appeals of Kentucky (pre-1976) · 1934
- Hoefflin v. WilkersonCourt of Appeals of Kentucky · 1919
- McCord v. BallCourt of Appeals of Kentucky (pre-1976) · 1927