Blanton v. Gale
Court of Appeals of Kentucky
Error to the Franklin Circuit. Covenant.- Case 51. The agreement of the parties.- The averments in the first count of the declaration. Second and third counts and demurrer to declaw ration and judgment of Circuit Court.
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Error to the Franklin Circuit. Covenant.- Case 51. The agreement of the parties.- The averments in the first count of the declaration. Second and third counts and demurrer to declaw ration and judgment of Circuit Court. Upon a covenant to refer matters of account to arbiirators and 10 fnm,a lessClfiby wafdedas a^proper credit there-can be maintain-wardnlheS made pursuant to the An award forsettling accounts should be so certain as to show the matter decided, it is not sufficient that the facts staled may enable others to ascertain the state of accounts between the parties. Where a reference…
1Opinion of the Court
JuliaE Marshall
delivered the opinion of the Court.
This was an action of covenant upon articles submit* ting certain matters of account between the parties to the settlement and award of two named referees, and their umpire to be chosen by them should they disagree. From the declaration it appears that Blanton and Gale having been, for four years, partners in business, entered into a written agreement in November, 1839, for the settlement and closing of their accounts, whereby Gale took all the materials, stock, and effects of the firm, and agreed to pay all its debts, and also to put up and…
2Cases cited1 opinion
- Daniel v. DanielCourt of Appeals of Kentucky · 1838
3Cited by1 opinion
- Wood v. HelmeSupreme Court of Rhode Island · 1884