Legal Opinion

Foley Construction Company v. Ward

Court of Appeals of Kentucky (pre-1976)

Decided October 25, 1963PublishedCited by 61 opinions

1Opinion of the Court

MONTGOMERY, Judge.

The decisive question is: May the Department of Highways, an agency of the state, defeat an action for damages for breach of a contract by the plea of sovereign immunity?

Foley Construction Company, a corporation, and Harry D. Foley, doing business as Foley Construction Company, sued Henry Ward, Commissioner, and the Department of Highways of the Commonwealth of Kentucky for $1,197,046.33 as damages for the breach of a contract to construct 3.S8S miles of grade and drain work on Interstate Highway 75 in Covington. The bid price of the contract was $5,695,881, all of which has…

2Cases cited18 opinions

  1. Chisholm v. GeorgiaSupreme Court of the United States · 1793
  2. Gilmer v. ThrockmortonCalifornia Supreme Court · 1861
  3. University of Maryland v. MaasCourt of Appeals of Maryland · 1938
  4. Taylor v. WesterfieldCourt of Appeals of Kentucky (pre-1976) · 1930
  5. Lohr v. Upper Potomac River CommissionCourt of Appeals of Maryland · 1942

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3Cited by61 opinions

  1. Haney v. City of LexingtonCourt of Appeals of Kentucky (pre-1976) · 1964
  2. Krause v. StateOhio Supreme Court · 1972
  3. University of Louisville v. Rothstein, MarkKentucky Supreme Court · 2017
  4. Kentucky Center for the Arts Corp. v. BernsKentucky Supreme Court · 1991
  5. Ammerman v. Bd. of Educ., Nicholas CountyKentucky Supreme Court · 2000

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

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