Frazier v. Clark
Court of Appeals of Kentucky
Case 42 — PETITION ORDINARY — APPEAL PROM LOGAN CIRCUIT COURT. 1. The offer to enter upon the performance of a protracted undertaking, and a refusal, entitles the party offering to perform, to recover only the actual damage suffered.
Read the full summary
Case 42 — PETITION ORDINARY — APPEAL PROM LOGAN CIRCUIT COURT. 1. The offer to enter upon the performance of a protracted undertaking, and a refusal, entitles the party offering to perform, to recover only the actual damage suffered. (Chamberlin v. McAllister, 6 Dana, 352; Thompson v. Jackson, Owsley, & Co., 14 B. M., 92; Barker v. Mann, &c., 5 Bush, 672; Greenleaf on Ev., vol. 2, p. 245; Shannon v. Comstock, 21 Wend., 457; Taylor v. Bead, 4 Paige, 571; Hickscher v. McCrea, 24 Wend., 354; Wood on Master and Servant, sec. 125; Whitaker v. Sandifer, 1 Duvall, 261; E. & P. B. B. Co. v. Pottinger…
1Opinion of the Court
JUDGE PBYOB
delivered the opinion of the court.
It is alleged in the petition oí the appellees that they entered into a contract with the appellant Frazier, to saw for the latter all the timber on a certain tract of land into merchantable lumber, for which they were to be paid at the rate of thirty-three and one-third cents for every hundred feet. They were to begin sawing on a certain day, and continue until they had *262completed their contract; and also, were to saw exclusively for Frazier until the timber was exhausted. They allege they purchased the saw-mill, and offered to perform their…
2Cases cited2 opinions
- Petrie v. LaneMichigan Supreme Court · 1885
- Whitaker v. SandiferCourt of Appeals of Kentucky · 1864
3Cited by13 opinions
- Sullivan v. McMillanSupreme Court of Florida · 1896
- Owensboro Shovel & Tool Co. v. MooreCourt of Appeals of Kentucky · 1913
- Osage Oil & Refining Co. v. Lee Farm Oil Co.Court of Appeals of Texas · 1921
- John C. Lewis Co. v. ScottCourt of Appeals of Kentucky · 1894
- Witt v. Lexington & Eastern Railway Co.Court of Appeals of Kentucky · 1914
8 more not listed; retrieve them via the Exa API.