Waddy Bluegrass Creamery Co. v. Dayis-Rankin Building & Manufacturing Co.
Court of Appeals of Kentucky
Case SO — PETITION EQUITY APPEAL FROM SHELBY CIRCUIT COURT. 1- The paper, together’ with the facts and circumstances surrounding its execution, is conclusive that it was the purpose and intention) of its signers that each of them should be liable for no other sum; than the amount subscribed by him. 2. But if it is to he treated as a joint obligation' the accepting of (the notes of the different subscribers to the stock by the appellees was a novation and a change of the…
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Case SO — PETITION EQUITY APPEAL FROM SHELBY CIRCUIT COURT. 1- The paper, together’ with the facts and circumstances surrounding its execution, is conclusive that it was the purpose and intention) of its signers that each of them should be liable for no other sum; than the amount subscribed by him. 2. But if it is to he treated as a joint obligation' the accepting of (the notes of the different subscribers to the stock by the appellees was a novation and a change of the contract between the subscribers and the appellee. 3. If tbe appellee ever had any mechanic’s lien or right to one, it is…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the court.
In June, 1S92, tlie appellee entered into a written contract with several parties (appellants) for the erection of a butter and cheese factory at Waddy, in Shelby county, Ky. The construction of that contract is one of the questions presented on this appeal. So much of the contract as bears on the question reads: “We, the subscribers hereto, agree to pay the above amount for said butter and cheese factory when completed, said building to be completed within ninety days or thereabout after the above amount, $3,950, is subscribed. Any portion of the…
2Cases cited5 opinions
- Davis & Rankin Building & Manufacturing Co. v. BoothIndiana Court of Appeals · 1894
- Davis & Rankin Building & Manufacturing Co. v. Hillsboro Creamery Co.Indiana Court of Appeals · 1894
- Gere v. CushingCourt of Appeals of Kentucky · 1869
- Davis & Rankin Building & Manufacturing Co. v. ViceIndiana Court of Appeals · 1896
- Davis & Rankin Building & Manufacturing Co. v. CuppWisconsin Supreme Court · 1895
3Cited by10 opinions
- Guarantee Electric Co. v. Big Rivers Electric Corp.District Court, W.D. Kentucky · 1987
- Avery & Sons v. Woodruff & CahillCourt of Appeals of Kentucky · 1911
- Mid-Continent Petroleum Corp. v. Southern Surety Co.Court of Appeals of Kentucky (pre-1976) · 1928
- Grainger & Co. v. JohnsonCourt of Appeals for the Sixth Circuit · 1923
- State v. BerresWisconsin Supreme Court · 1955
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