Totten v. Cooke
Court of Appeals of Kentucky
CASE 53 — PETITION ORDINARY — APPEAL PROM JEFFERSON CIRCUIT COURT. Cooke sued Totten on two separate causes of action — one for $640, balance due on a wood contract, and the other for $779 78, due by note.
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CASE 53 — PETITION ORDINARY — APPEAL PROM JEFFERSON CIRCUIT COURT. Cooke sued Totten on two separate causes of action — one for $640, balance due on a wood contract, and the other for $779 78, due by note. The contract declared on in the first paragraph of the petition is as follows: “Trimble County, Ky., August 22, 1853. “ Article of agreement, made and entered into this 22d day of August, 1853, between Dr. George E. Cooke, of the county of Jefferson, and John Totten, of Trimble county, witnesseth, that the said Cooke has this day sold the said Totten all the wood he is to receive of the…
1Opinion of the CourtChief Justice Simpson
delivered tiie opinion of the court:
The contract between these parties is not very explicit in relation to the place where the wood which was sold was to be measured; but as it had to be measured by the purchaser where it was cut and corded, when he received it from the Averitts for his vendor, and as no other measurement was provided for by the contract, we think that no other was contemplated by the parties. If it were the intention of the parties that a second measurement should be made, it would have been natural and proper for them to have given expression to that intention in the…
2Cited by3 opinions
- Noble v. People's Stock & Poultry Feed Co.Court of Appeals of Kentucky · 1920
- Corbin v. Oldham's Adm'xCourt of Appeals of Kentucky · 1880
- Huffaker v. Bank of MonticelloCourt of Appeals of Kentucky · 1876