Legal Opinion

Dickey v. Dickinson

Court of Appeals of Kentucky

Decided February 23, 1899PublishedCited by 15 opinions

Case 95 — ACTION ON CONTRACT 1- The agreement sued on is not within the statute of frauds because it is strictly a personal contract and may possibly be performed within the year. Ky. Stats., sec. 470, sub-sec. 7; Stowers v. Hollis, &c., 83 Ky., 548; Myles’ Exr. v. Myles, 6 Bush, 237; Davis v. Brown, 17 Ky. Law Rep., 1429. CITED: Ky. Stats., sec. 470, sub-sec. 7; Dant v. Head, 90 Ky., 255; Davis v. Brown, 17 Ky.

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Case 95 — ACTION ON CONTRACT 1- The agreement sued on is not within the statute of frauds because it is strictly a personal contract and may possibly be performed within the year. Ky. Stats., sec. 470, sub-sec. 7; Stowers v. Hollis, &c., 83 Ky., 548; Myles’ Exr. v. Myles, 6 Bush, 237; Davis v. Brown, 17 Ky. Law Rep., 1429. CITED: Ky. Stats., sec. 470, sub-sec. 7; Dant v. Head, 90 Ky., 255; Davis v. Brown, 17 Ky. Law Rep., 1429; Howard’s Admr. v. Burgen, 4 Dana, 137; Myles’ Exr. v. Myles, G Bush, 245; King’s Exrs. v. Hanna, 9 B. M., 369; Stowers v. Hollis, 83 Ky., 548; Rogers v. Brightman, 10…

1Opinion of the CourtChief Justice Hazelrigg

The appellant, Dickey, plaintiff below, filed his petition and amended petition in the Barren Circuit Court, alleging that on the 6th day of January, 1897, he purchased from the appellee, Dickinson, his one-third interest in a certain newspaper (the Glasgow Times) then being published in the town of Glasgow, and paid therefor the price of 82,250, cash; that, as a part of the consideration entering into the contract, the appellee, Dickinson, obligated himself to the appellant not to again engage in newspaper business in the town of Glasgow. Appellant further alleged that he immediately took…

2Cases cited2 opinions

  1. Blanchard v. WeeksSupreme Court of Vermont · 1861
  2. Kleine, Timberman & Co. v. NieCourt of Appeals of Kentucky · 1889

3Cited by15 opinions

  1. East Tennessee Telephone Co. v. Paris Electric Co.Court of Appeals of Kentucky · 1914
  2. Yellow Poplar Lumber Co. v. RuleCourt of Appeals of Kentucky · 1899
  3. Nickell v. JohnsonCourt of Appeals of Kentucky · 1915
  4. Decker v. WestAppellate Court of Illinois · 1934
  5. Frankfort & Cincinnati Railway Co. v. JacksonCourt of Appeals of Kentucky · 1913

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