Legal Opinion

Ditch Witch Trenching Co. of Kentucky v. C & S Carpentry Services, Inc.

Court of Appeals of Kentucky

Decided April 26, 1991No. 90-CA-1147-SPublishedCited by 6 opinions

1Opinion of the Court

McDONALD, Judge.

In this case we are presented with an issue of first impression in this jurisdiction concerning the applicability, if any, of KRS 355.1-207 to a “full payment” check situation.

The facts are uncomplicated and not in dispute. The appellant/creditor, Ditch Witch Trenching Company of Kentucky, Inc., is in the business of renting equipment. It leased a tractor and plow attachment to the appellee/debtor, C & S Carpentry Services, Inc., who was performing construction work in Richmond, Kentucky. Ditch Witch sent the appellee a bill for $7,560 at the conclusion of the rental period.…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. Horn Waterproofing Corp. v. Bushwick Iron & Steel Co.New York Court of Appeals · 1985
  2. County Fire Door Corp. v. C. F. Wooding Co.Supreme Court of Connecticut · 1987
  3. Chancellor, Inc. v. Hamilton Appliance Co.New Jersey Superior Court Appellate Division · 1980
  4. Brown v. Coastal Truckways, Inc.Court of Appeals of North Carolina · 1980
  5. Lincoln Bank & Trust Company v. QueenanCourt of Appeals of Kentucky (pre-1976) · 1961

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. A & a Mechanical, Inc. v. Thermal Equipment Sales, Inc.Court of Appeals of Kentucky · 1999
  2. Frangiosa v. KapoukranidisSupreme Court of Vermont · 1993
  3. Morgan v. CrawfordCourt of Appeals of Kentucky · 2003
  4. Weickert v. Alliant Health Systems, Inc.Kentucky Supreme Court · 1997
  5. Ditch Witch Trenching Co. of Kentucky v. C & S Carpentry Services, Inc.Court of Appeals of Kentucky · 1991

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API