Pope v. Caddell
Court of Appeals of Kentucky
CASE 91. — ACTION BY R. L. POPE AGAINST JOHN CADDELL FOR A BREACH OF CONTRACT. Appeal from Whitley Circuit Court. M. J. Moss, Circuit Judge. Prom a judgment sustaining a demurrer to his petition, the plaintiff appeals.
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CASE 91. — ACTION BY R. L. POPE AGAINST JOHN CADDELL FOR A BREACH OF CONTRACT. Appeal from Whitley Circuit Court. M. J. Moss, Circuit Judge. Prom a judgment sustaining a demurrer to his petition, the plaintiff appeals. The plaintiff’s cause of action, as set out in his petition, is that defendant by written contract agreed to pay him all over $2,000 for which he might sell his dwelling and store house for cash, also 10 per cent, commission on the sale of his stock of goods alone at invoice cost, and pursuant to this contract plaintiff purchasers, who were ready, willing and able to pay the…
1Opinion of the Court
Opinion op the Court by
Judge Hobson
Reversing.
On December 23, 1905, John Caddell executed to R. L. Pope the following writing: “I hereby authorize R. L. Pope to-'sell my dwelling and store house for-two thousand ($2,000.00) dollars cash and stock of goods at cost per invoice, and allow him ten per cent commission on sale of goods alone, also any commission over two thousand ($2,000.00) dollars.for which he may sell dwelling and store house. Void after January 10, 1906. John Caddell.” On January 11, 1906, Pope filed this- suit against Caddell. In his petition, after setting out the written…
2Cases cited9 opinions
- Wilson v. MasonIllinois Supreme Court · 1895
- Mooney v. . ElderNew York Court of Appeals · 1874
- McFarland v. LillardIndiana Court of Appeals · 1891
- Sayre v. Wilson & IngramSupreme Court of Alabama · 1888
- Holden v. StarksMassachusetts Supreme Judicial Court · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McDowell v. LewisCourt of Appeals of Kentucky · 1923
- Giltner v. McCombs Producing & Refining Co.Court of Appeals of Kentucky · 1921
- Swift v. Hale & Covington Real Estate Co.Court of Appeals of Kentucky · 1922
- Slusher v. MooreCourt of Appeals of Kentucky · 1924