Price's Admx. v. Price's Administratrix
Court of Appeals of Kentucky
Case 86 — Action on Written Obligation to pay $62.50 every three Months During Life of Payee as Interest on Money Owing by Payor to Payee APPEAL FROM FAYETTE CIRCUIT COURT. Judgment for Plaintiff and Defendants Appeal. POINTS AND AUTHORITIES.
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Case 86 — Action on Written Obligation to pay $62.50 every three Months During Life of Payee as Interest on Money Owing by Payor to Payee APPEAL FROM FAYETTE CIRCUIT COURT. Judgment for Plaintiff and Defendants Appeal. POINTS AND AUTHORITIES. (1) A contract and not a will made by .the papers dated January 1, 1879. (McDowell v. Hall, 2d Biblb, 611). (2) Parol testimony admissible to aid in construing ambiguous writings, when it does not contradict or vary express terms thereof. Collins v. Almy, 10th Ky. Law Rep., 985; Henning v. Burnett, 13th Ky. Law Rep., 969; Beverly v. Noel, 4th Ky. Law…
1Opinion of the Court
*774Opinion of the court by
JUDGE GUFFY
Reversing.
The appellee instituted this action in the Fayette circuit court against the appellants. It is alleged in the petition that on the 1st of January, 1879, S. Price executed and delivered to D. L. Pride the following writing, to-wit: “January 1, 1879. One day after date I promise- to pay to D. L. Price or order sixty-two dollars 50-100 every three months during his natural life; it being the interest on four thousand dollars which I owe him. Witness: Geo. P. McCann. [Signed] S. Price.” It is further alleged that at-the same time D. L. Price executed…
2Cases cited2 opinions
- United States v. WilderSupreme Court of the United States · 1872
- Richardson v. Chanslor's TrusteeCourt of Appeals of Kentucky · 1898
3Cited by13 opinions
- Teske v. DittbernerNebraska Supreme Court · 1903
- Best v. GralappNebraska Supreme Court · 1903
- Torgerson v. HaugeNorth Dakota Supreme Court · 1916
- Barret v. ClarkeCourt of Appeals of Kentucky (pre-1976) · 1928
- Swearingen's v. TylerCourt of Appeals of Kentucky · 1909
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