Doyle v. Offutt
Court of Appeals of Kentucky
CASE 38. — CONSOLIDATED CROSS ACTION BY ED. DOYLE, A DEFENDANT IN SEVERAL ACTIONS, AGAINST OFFUTT & BLACKBURN. Appeal .from Scott Circuit Court. R. L. Stout, Circuit Judge. Prom the judgment the defendants appeal. CITATIONS. 1. The court should have continued the case or empaneled a new jury. Taylor, &c, v. Combs, 20 Ky. Law Rep., 1828; Herndon y.
Read the full summary
CASE 38. — CONSOLIDATED CROSS ACTION BY ED. DOYLE, A DEFENDANT IN SEVERAL ACTIONS, AGAINST OFFUTT & BLACKBURN. Appeal .from Scott Circuit Court. R. L. Stout, Circuit Judge. Prom the judgment the defendants appeal. CITATIONS. 1. The court should have continued the case or empaneled a new jury. Taylor, &c, v. Combs, 20 Ky. Law Rep., 1828; Herndon y. Bradshaw, 4 Bibb., 45; McKinley v. Smith Hard., 167; Pierce v. Bush, 3 Bibb., 347; Fitzpatrick v. Haris, 16 B. Mon. 564. 2. The court should have instructed the jury that if they believed that defendants only agreed to deliver No. 2 wheat and that…
1Opinion of the Court
Opinion of the Court by
Judge Carroll
Reversing.
The appellants are seed -warehousemen, and in July, 1907, the appellee Doyle stored in their warehouse some 600 bushels of wheat. In the. fall of the same year the appellee sold this wheat to a number of farmers, who wanted it for seeding purposes. The farmers to whom the wheat was sold sowed it, and it failed to germinate. Thereupon the farmers brought suits against appellee for damages, and each of them recovered judgment against him for the price paid for the wheat. The suits of the farmers were based on the ground that the wheat was bought to…
2Cited by10 opinions
- Castleman-Blakemore Co. v. Pickrell & Craig Co.Court of Appeals of Kentucky · 1915
- Edge v. OttCourt of Appeals of Kentucky · 1913
- Kahn v. ColeCourt of Appeals of Texas · 1921
- Logan v. LanganCourt of Appeals of Kentucky · 1911
- Provident Savings Life Assurance Society v. ShearerCourt of Appeals of Kentucky · 1912
5 more not listed; retrieve them via the Exa API.