Legal Opinion

Sousely v. Burns's adm'r

Court of Appeals of Kentucky

Decided January 28, 1873PublishedCited by 10 opinions

Case 19 — PETITION ORDINARY APPEAL FROM FLEMING CIRCUIT COURT. CITED Printed Decisions, 193, Chambers v. Winn. Chitty on Contracts, 71, 72. Selwyn, 861. Hardin, 79, Letcher v. Taylor.

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Case 19 — PETITION ORDINARY APPEAL FROM FLEMING CIRCUIT COURT. CITED Printed Decisions, 193, Chambers v. Winn. Chitty on Contracts, 71, 72. Selwyn, 861. Hardin, 79, Letcher v. Taylor. Civil Code of Practice, chap. 8, sec. 161. 3 Starkie on Evidence, side pp. 1072-3. 6 J. J. Marsh. 612, Craig v. Álverson. 1 Duvall, 183, Duncan v. Lewis. 2 Kent, side p. 399 and notes. 2 Bibb, 280, Wilmouth v. Patton. 1 Washington, 328, Dandridge v. Harris. 2 Parsons on Contracts, 178,179. 2Bibb, 269, Jouett v. Wagnon. 4 Bibb, 67, Boon v. Shackleford. 8 Dana, 150, McNairy et al. v. Bishop et al. 1Bibb, 449,…

1Opinion of the Court

JUDGE PETERS

delivered the opinion on the court.

It is alleged in the petition, in substance, that appellee’s intestate, in December, 1869, sold to appellant and Newcomb, partners doing business under the firm-name of Newcomb & Sousely, one hundred well-fatted and merchantable hogs — no hog to weigh less than two hundred pounds, and the whole number to average three hundred pounds each — to be delivered between the 10th and 20th days of November, 1870, and for which the defendants promised and agreed to pay intestate in cash eight dollars per hundred, gross weight; and that the vendor had in…

2Cases cited1 opinion

  1. Chandler v. RobertsonCourt of Appeals of Kentucky · 1840

3Cited by10 opinions

  1. Montgomery v. Phoenix Mutual Life InsuranceCourt of Appeals of Kentucky · 1878
  2. Morris Shoe Co. v. ColemanCourt of Appeals of Kentucky · 1920
  3. Livesley v. StraussOregon Supreme Court · 1922
  4. British Aluminium Co. v. TreftsAppellate Division of the Supreme Court of the State of New York · 1914
  5. Fairmount Glass Works v. Crunden-Martin Wooden Ware Co.Court of Appeals of Kentucky · 1899

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