Whitehead v. Root
Court of Appeals of Kentucky
CASE 58 — PETITION ORDINARY — APPEAL FROM CARROLL CIRCUIT COURT. This action was brought by appellants upon the following contract: “We, William Root & Company, have this day sold to G. G. Whitehead, Charles A. Sanders, Wayland Tandy, and William H. Tandy, ten thousand dollars’ worth of whisky at twenty-one cents per gallon.
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CASE 58 — PETITION ORDINARY — APPEAL FROM CARROLL CIRCUIT COURT. This action was brought by appellants upon the following contract: “We, William Root & Company, have this day sold to G. G. Whitehead, Charles A. Sanders, Wayland Tandy, and William H. Tandy, ten thousand dollars’ worth of whisky at twenty-one cents per gallon. And we, the said William Root and Company, principal, and John T. Berry, William H. Harrison, William Donaldson, and J. W. Dunn, securities, covenant with the said Whitehead, Sanders, Wayland Tandy, and William H. Tandy, to deliver to them, the said Whitebead and others,…
1Opinion of the Court
JUDGE DUVALL
delivered the opinion or the court:
The contract sued upon in this case must be regarded as a special or executory agreement for the sale and delivery of $10,000 worth of whisky. That such was the intention of the parties is manifest upon the face of the instrument. The vendors were distillers, as appears from the record, and were engaged at the time the contract was entered into, in the manufacture of whisky at their distillery. The subject of the contract was “ ten thousand dollars’ worth of whisky at twenty-one cents per gallon,” to be delivered at any time within twelve months…
2Cited by6 opinions
- Hunt v. SmithCourt of Appeals of Kentucky · 1921
- Sawyer, Wallace & Co. v. TaggartCourt of Appeals of Kentucky · 1879
- Chesebro v. BarmeMassachusetts Supreme Judicial Court · 1895
- Hall v. HallCourt of Appeals of Kentucky · 1913
- Evans v. StoneCourt of Appeals of Kentucky · 1882
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