Legal Opinion

Bourlier Bros. v. Macauley

Court of Appeals of Kentucky

Decided January 20, 1891PublishedCited by 16 opinions

Case 22 — PETITION ORDINARY — APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. Brief not in record. 1. One party to a contract can not maintain an action against a person who has procured the other party‘to the contract to break ,it. (Cooley on Torts, p. 497; Chambers v. Baldwin, Superior Court, 11 Ky. Law Rep., 228.) 2. An act in itself legal does not become illegal because of the motive which prompts it.

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Case 22 — PETITION ORDINARY — APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. Brief not in record. 1. One party to a contract can not maintain an action against a person who has procured the other party‘to the contract to break ,it. (Cooley on Torts, p. 497; Chambers v. Baldwin, Superior Court, 11 Ky. Law Rep., 228.) 2. An act in itself legal does not become illegal because of the motive which prompts it. (Phelps v. Nowlen, 72 N. Y., 39; Washhurne on Easements, 475; Benjamin v. Wheeler, 8 Gray, 410; Glendon Iron Co. v. Uhlor, 75 Pa St., 467; Adler v. Fenton, 24 How., 407.) 3. In all cases of…

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OE THE COURT.

The cause of actiou stated in the petition of appellants is, in substance, that, being owners of Masonic Temple Theatre, in Louisville, they, in 1888, made a contract with H. E. Abbey, manager of Mary Anderson, a dramatic performer of great reputation, and her company, whereby it was agreed they were to perform there February 25, 26 and 27, 1889, which contract appellants complied with in every respect, having, at great expense, made necessary preparations for and advertised the performance; but that appellee,' owner of a rival theatre, though…

2Cited by16 opinions

  1. 9 to 5 Fashions, Inc. v. SpurneySupreme Court of Louisiana · 1989
  2. Boyson v. ThornCalifornia Supreme Court · 1893
  3. Kline v. EubanksSupreme Court of Louisiana · 1902
  4. Glencoe Land & Gravel Co. v. Hudson Bros. Commission Co.Supreme Court of Missouri · 1897
  5. Brooks v. PattersonCourt of Appeals of Kentucky (pre-1976) · 1930

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