Amber Milling Co. v. Kentucky MacAroni Co.

Opinion op the Court by

Judge Fulton

Affirming.

'This appeal brings into question the correctness of the lower court’s action in sustaining a demurrer and dismissing appellant’s petition which sought a recovery of liquidated damages on account of appellee’s alleged breach of two written contracts for the sale and purchase of flour.

The petition appropriately alleged the execution of the two contracts in the month of February, 1939. The contracts were in the standard form of the Miller’s National Federation Uniform Sales Contract (adopted July 20, 1939) and copies thereof were filed with the…