Hyden v. Perkins
Court of Appeals of Kentucky
Case 24 — Action by Henry Hyden Against S'. V. Perkins, &c., to Enforce a Contract for the Purchase of Land.. APPEAL FROM PULASKI CIRCUIT COURT-M. L. JARVIS,- CIRCUIT JUDGE. Judgment fob Defendants and Plaintiff Appeals.
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Case 24 — Action by Henry Hyden Against S'. V. Perkins, &c., to Enforce a Contract for the Purchase of Land.. APPEAL FROM PULASKI CIRCUIT COURT-M. L. JARVIS,- CIRCUIT JUDGE. Judgment fob Defendants and Plaintiff Appeals. The ruling of the court below was based on the idea that the instrument executed by Perkins did not give a sufficient description of the land to take the contract out of the statute of frauds, and that is the single question here for review. 1. We submit that the receipt in this case is dated at Somerset, Ky., and the land described as about 20' acres known as¡ the “Vaught…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
Reversing.
On October 15, 1900, appellee, S. V. Perkins executed to appellant, Henry Hyden, the following writing; “Received of Henry Hyden $20.00 first cash payment on farm of about twenty acres known as the Vaught farm. I hereby agree to deed to said Hyden said land on payment of an additional $105.00, payable as follows; $25.00 in six, twelve months, and $30'.00 in eighteen months, and $25'.00 in twenty-four months from this date with interest at six per cent. When said sum of $125.00 and interest has been paid T hereby agree to transfer to said Hyden b}r…
2Cases cited10 opinions
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Henderson v. PerkinsCourt of Appeals of Kentucky · 1893
- Moayon v. MoayonCourt of Appeals of Kentucky · 1903
- Ellis v. Deadman's heirsCourt of Appeals of Kentucky · 1816
- Tyler v. OnztsCourt of Appeals of Kentucky · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ray v. WoosterSupreme Court of Missouri · 1954
- Bates v. HarrisCourt of Appeals of Kentucky · 1911
- Prewitt v. WilbornCourt of Appeals of Kentucky · 1919
- Perry v. WilsonCourt of Appeals of Kentucky · 1919
- Montgomery v. GravesCourt of Appeals of Kentucky (pre-1976) · 1945
9 more not listed; retrieve them via the Exa API.