Early v. Douglass
Court of Appeals of Kentucky
Case 94 — Action to Enforce Specific Performance of Contract for Sale of Land — APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment for Defendants and Plaintiff Appeals. SYNOPSIS AND AUTHORITIES. 1. Specific performance will not be refused on account of the title if the title be good to the exclusion of a reasonable doubt. 2 Writings made at the same time and as part of the same transaction will be construed together. Am. & Eng.
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Case 94 — Action to Enforce Specific Performance of Contract for Sale of Land — APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment for Defendants and Plaintiff Appeals. SYNOPSIS AND AUTHORITIES. 1. Specific performance will not be refused on account of the title if the title be good to the exclusion of a reasonable doubt. 2 Writings made at the same time and as part of the same transaction will be construed together. Am. & Eng. Ency. of Law, vol. 11, p. 514; Gammon v. Freeman, 31 Maine, 245; Gilliam v. Moore, 4 Leigh, 83. 3. The title in the case at bar is free from doubt. 4.…
1Opinion of the Court
Opinion op the court bt
JUDGE BURNAM
Reversing.
This action was instituted by the appellant, C. C. Early, against the appellees, J. J. Douglass and another, to enforce the specific performance of a contract between appellant and the appellee Douglass, by which Douglass agreed to buy from appellant a house and lot in Louisville, at the price of $7,500, to be paid in cash. Douglass admits iihe execution of the contract of purchase, but refuses to comply therewith, because, he says, the appellant, Early, can not make a good fee-simple title to the property, and for this reason is unable to carry…
2Cases cited4 opinions
- Smith v. TheobaldCourt of Appeals of Kentucky · 1887
- Commonwealth v. WilliamsCourt of Appeals of Kentucky · 1880
- Honore v. HutchingsCourt of Appeals of Kentucky · 1871
- Parks' ex'r v. CookeCourt of Appeals of Kentucky · 1867
3Cited by5 opinions
- Smith v. . PattersonSupreme Court of North Carolina · 1912
- Huber v. JohnsonCourt of Appeals of Kentucky · 1917
- National Finance Corp. v. Robinson & Fidelity & Columbia Trust Co.Court of Appeals of Kentucky · 1922
- Breckinridge County v. BeardCourt of Appeals of Kentucky (pre-1976) · 1930
- Foster v. ArmstrongCourt of Appeals of Kentucky (pre-1976) · 1931