City of Bardwell v. Southern Engine & Boiler Works
Court of Appeals of Kentucky
CASE 29. — ACTION BY THE SOUTHERN ENGINE & BOILER WORKS AGAINST THE CITY OP BARDWELL POR THE PRICE OP AN ENGINE USED IN OPERATING ITS ELECTRIC LIGHT PLANT. — Appeal from Carlisle Circuit. Court. R. J. Bugg, Circuit Judge. Judgment for plaintiff.
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CASE 29. — ACTION BY THE SOUTHERN ENGINE & BOILER WORKS AGAINST THE CITY OP BARDWELL POR THE PRICE OP AN ENGINE USED IN OPERATING ITS ELECTRIC LIGHT PLANT. — Appeal from Carlisle Circuit. Court. R. J. Bugg, Circuit Judge. Judgment for plaintiff. Defendant appeals. — We contend that both contract and note were void from the beginning, and that they were void as to both parties; that the city acquired no title to the engine, but that it remained the property of appellee; that the $1,050.00 paid to appellee was wrongfully paid, and that appellee knew, or must as a matter of law be adjudged to…
1Opinion of the Court
*224Opinion of the Court by
Judge Carroll —
Affirming.
In June, 1905, the appellant city of Bardwell purchased from appellee an engine to be used in operating* its electric light plant. It contracted to pay for the engine $1,550. Six hundred dollars of this amount was paid in cash, $450 in an old engine, and for the remaining $500 the city executed its note due in June, 1906. The note, as well as the contract, contained the stipulation that the city had received the engine from the Southern Engine & Boiler Works “with the express agreement and understanding that the title of said machinery is now…
2Cases cited1 opinion
- Board of Trustees v. PostelCourt of Appeals of Kentucky · 1905
3Cited by19 opinions
- Floyd County v. Owego Bridge Co.Court of Appeals of Kentucky · 1911
- Normandy Estates Metropolitan Recreation District v. Normandy Estates Ltd.Supreme Court of Colorado · 1976
- Shaw v. Board of EducationNew Mexico Supreme Court · 1934
- American-LaFrance & Foamite Industries, Inc. v. Arlington CountySupreme Court of Virginia · 1937
- City of Henderson v. RedmanCourt of Appeals of Kentucky · 1919
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