Bell v. Hatfield
Court of Appeals of Kentucky
Case 72. — ACTION BY J. R. HATFIELD AGAINST SAM BELL-FOR BREACH OF CONTRACT I-N THE SALE AND DELIVERY OF CATTLE Appeal from ITardin Circuit Court. Weed S. Chele, Circuit Judge. Judgment for plaintiff. Defendant appeals.
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Case 72. — ACTION BY J. R. HATFIELD AGAINST SAM BELL-FOR BREACH OF CONTRACT I-N THE SALE AND DELIVERY OF CATTLE Appeal from ITardin Circuit Court. Weed S. Chele, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. The petition and amended petition taken together fail tosíate a cause of action, because if the cattle were to be delivered at a time fixed or between two dates there must be an allegation, that they were delivered within the time, and if the purchaser had a right to elect what time between the dates he would receive said cattle, his failure to so…
1Opinion of the Court
Opinion by
Judge O’Rear
Affirming.
*562Appellee sued appellant to recover damages upon a breach, of contract for the sale of cattle. Appellee, as owner of 25 cattle known as “feeders,” sold them to appellant at 4 cents a pound, to be delivered at East View, some miles distant from appellee’s place, on or about September 1st, “with a few days to play on.” Appellant was to notify appellee of the day he would receive them, and appellee was to “dry lot” the cattle the night before. This term is agreed to mean that the cattle, the night before they were to be weighed and delivered, were to be placed in a…
2Cases cited3 opinions
- Sousely v. Burns's adm'rCourt of Appeals of Kentucky · 1873
- Turner v. JohnsonCourt of Appeals of Kentucky · 1838
- Chandler v. RobertsonCourt of Appeals of Kentucky · 1840
3Cited by6 opinions
- Livesley v. StraussOregon Supreme Court · 1922
- Theobald v. WeberSupreme Court of Iowa · 1966
- Gaines & Sea v. R. J. Reynolds Tobacco Co.Court of Appeals of Kentucky · 1915
- Gaines & Sea v. R. J. Reynolds Tobacco Co.Court of Appeals of Kentucky · 1916
- Blackman v. CrandellCourt of Appeals of Texas · 1924
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