Proctor Coal Co. v. Strunk
Court of Appeals of Kentucky
Case 69 — ACTION BY DAVID STRUNK AGAINST THE PROCTOR COAL CO. FOR BREACH OF CONTRACT, Appeal' from Whitley Circuit Court. M. L. Jarvis, Circuit Judge. .Judgment for Plaintiff.
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Case 69 — ACTION BY DAVID STRUNK AGAINST THE PROCTOR COAL CO. FOR BREACH OF CONTRACT, Appeal' from Whitley Circuit Court. M. L. Jarvis, Circuit Judge. .Judgment for Plaintiff. Defendant appeals. 1. We insist that the execution of the second contract covering it as it did the same subject matter as the ’first, was a complete merger of the first, and thereafter no right of action existed upon the first at all. 2. What fraud or misrepresentation the defendant relied on is not specified in the pleadings and is not elucidated by the-evidence. There is absolutely no testimony, not even of the…
1Opinion of the Court
Opinion by
Judge Lassing.
Reversing.
On the 17th of December, 1900,. the Proctor Coal Company, by A. Gatliff, its president, made a written contract with David Strunk, by the terms of which said Strunk was to mine the coal within a certain area for a definite sum of money per ton, and was to comply generally with certain restrictions and regulations imposed by the agreement for the benefit of the Proctor Coal Company, Subsequently one H. F. Fenley succeeded Gatliff as president -of the company, and a new contract was entered into by and between the company and David Strunk, by the terms of which…
2Cases cited3 opinions
- United States Ex Rel. International Contracting Co. v. LamontSupreme Court of the United States · 1894
- Parish v. United StatesSupreme Court of the United States · 1869
- Gilbert & Secor v. United StatesSupreme Court of the United States · 1868
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- Washington Life Ins. Co. v. ReinhardtCourt of Appeals of Texas · 1911
- Wickliffe v. TurnerCourt of Appeals of Kentucky · 1913
- Washington Life Ins. Co. v. ReinhardtCourt of Appeals of Texas · 1911