Monarch v. Owensboro City R. R.
Court of Appeals of Kentucky
Case 122 — Action by R. Monarch and Others Against the Owensboro City Railroad Co., for a Specific Performance of a Contract. APPEAL FROM DAVIESS CIRCUIT COURT-W. T. OWENS, CIRCUIT JUDGE. Judgment for Defendant. Plaintiff Appeals.
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Case 122 — Action by R. Monarch and Others Against the Owensboro City Railroad Co., for a Specific Performance of a Contract. APPEAL FROM DAVIESS CIRCUIT COURT-W. T. OWENS, CIRCUIT JUDGE. Judgment for Defendant. Plaintiff Appeals. POINTS CONTENDED FOR. 1. Time was not an essence of the contract between the parties. 3 Parsons on Contracts, 339. 2. Where there is no stipulation that time shall be of the essence of the contract — and the contract is in reference to realty — and one party performs in part the consideration for the undertaking of the other party, the latter can not retain such…
1Opinion of the Court
Opinion of the court by
JUDGE BARKER
Affirming.
' The appellant R. Monarch owned a tract of land containing about 27 acres of laud in Daviess county, Ky., within a ¡short distance of the city of Owensboro. Conceiving that the connection of this tract of land with the city by a street car line would greatly enhance its value, he obtained a franchise from the municipality to operate a street car system over certain of its streets, presumably with the intention of extending it to his own property. Appellee also had a franchise to operate a street car system through the streets of the city of…
2Cases cited2 opinions
- Cromwell v. WilkinsonIndiana Supreme Court · 1862
- Keith v. JohnsonCourt of Appeals of Kentucky · 1900
3Cited by9 opinions
- City of Princeton v. Princeton Electric Light & Power Co.Court of Appeals of Kentucky · 1915
- Wimer v. WagnerSupreme Court of Missouri · 1929
- Rounds v. Owensboro Ferry Co.Court of Appeals of Kentucky (pre-1976) · 1934
- Cumberland Telephone & Telegraph Co. v. City of CalhounCourt of Appeals of Kentucky · 1912
- Hilliard v. George G. Fetter L. & H. Co.Court of Appeals of Kentucky · 1907
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