Kentucky Chair Co. v. Commonwealth
Court of Appeals of Kentucky
Case 58 — ACTION AT LAW 1. Appellee waived the right to forfeit the contract by continuing to execute it for seven days after the right to forfeit accrued. 2. The tender of the State warrants was an, offer to' satisfy the demands due, and in arrear at the time of the alleged forfeiture, and the appellee had no right to refuse the tender. 2. Having.no right to forfeit the contract, the State, was guilty of a breach of contract, in refusing after the 7th of April, 1896, to go…
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Case 58 — ACTION AT LAW 1. Appellee waived the right to forfeit the contract by continuing to execute it for seven days after the right to forfeit accrued. 2. The tender of the State warrants was an, offer to' satisfy the demands due, and in arrear at the time of the alleged forfeiture, and the appellee had no right to refuse the tender. 2. Having.no right to forfeit the contract, the State, was guilty of a breach of contract, in refusing after the 7th of April, 1896, to go on with a delivery of chairs, and is legally answerable for the damages resulting from such breach. Citations: Todd’s…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion of the court.
Appellants made a contract with appellee by which they agreed to take the output of a chair factory at the penitentiary, and pay therefor in GO days from the last day of each month, and, if delinquency as to any payment continued 30 days, the contract might be forfeited at the option of appellee. The sum of $11,487.85, was due on March 1, 1896. Six thousand dollars of this was-paid on March 7th, and on March 27th appellants tendered to the board of sinking fund commissioners $5,470.83, in treasury warrants of the State, and offered to pay the…
2Cases cited6 opinions
- People v. MilesCalifornia Supreme Court · 1880
- Battle v. . ThompsonSupreme Court of North Carolina · 1871
- Chevallier's Adm'r v. StateTexas Supreme Court · 1853
- White v. The GovernorSupreme Court of Alabama · 1851
- Commonwealth v. Owensboro & Nashville RailroadCourt of Appeals of Kentucky · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- City of Somerset v. Somerset Banking Co.Court of Appeals of Kentucky · 1900
- Moore v. RogersCourt of Appeals of Kentucky (pre-1976) · 1931
- Greenwade v. WilliamsCourt of Appeals of Kentucky · 1955
- Kirkpatrick v. LebusCourt of Appeals of Kentucky · 1919