Brown v. Ellis
Court of Appeals of Kentucky
Case 39 — PETITION ORDINARY — APPEAL FROM SIIELBY CIRCUIT COURT. I. The agreement set up by the defendant that Wilson who sold the stock for which $400 of the note sued on was given, agreed that he would furnish the pedigrees of the stock as a part of the sale was a condition precedent, and there could he no recovery on the notes, to that extent, until that condition was complied with.
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Case 39 — PETITION ORDINARY — APPEAL FROM SIIELBY CIRCUIT COURT. I. The agreement set up by the defendant that Wilson who sold the stock for which $400 of the note sued on was given, agreed that he would furnish the pedigrees of the stock as a part of the sale was a condition precedent, and there could he no recovery on the notes, to that extent, until that condition was complied with. Clark on Contracts, pp. 668, 775 and 204; Beach on Modern Daw Contracts, secs. 89 and 90; Davis v. Jeffries, 53 N. W. Rep., 815; Davesac v. Seiler, 93 Ky., 423; President, &c., v. Hagner, 1 Pet., 455. 1. The…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the court.
This suit was instituted by appellee in October, 1895,, on four notes aggregating about $690 which were executed by appellant to the assignor of appellee in the sum*304mer of 1894. . Appellant filed answer admitting the execution of the notes, but alleged that they were given in •consideration of a herd of horses sold to appellant by appellee’s assignor, Wilson, and that five head of the horses were mares which were estimated in the trade to be worth $400, and that this $400 constituted a part of the obligation sued on. It is further alleged by…
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