Blanton v. Kentucky Distilleries & Warehouse Co.
U.S. Circuit Court for the District of Kentucky
In Equity. Suit for specific performance.” This is a suit to enforce specific performance of a contract of sale of the Edgewater Distillery plant, located at Lair, in Harrison county, Ky., and certain personal property connected with its operation and business. The contract is dated April 6, 1899. It includes claims for storage for whisky in the bonded warehouse, but does not include any whisky. The price to be paid is $40,000 cash.
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In Equity. Suit for specific performance.” This is a suit to enforce specific performance of a contract of sale of the Edgewater Distillery plant, located at Lair, in Harrison county, Ky., and certain personal property connected with its operation and business. The contract is dated April 6, 1899. It includes claims for storage for whisky in the bonded warehouse, but does not include any whisky. The price to be paid is $40,000 cash. The vendor in the contract is the complainant, J. I. Blanton, assignee of the T. J. Megibben Company, a Kentucky corporation, who acquired the property from it…
1Opinion of the CourtCochran, District Judge
(after making foregoing statement). It is now in order to consider the various defenses which the defendant relies on to defeat complainant’s right to the relief he seeks, and they will be taken up and disposed of one at a time.
i. Inability of complainant to perform his part of the contract is urged, and many reasons are set forth for claiming that this inability exists. These reasons, and the court’s views as to their sufficiency, are as follows:(i) It is claimed that such inability exists because of the fact that the contract of sale was a private one. It is contended that an assignee for…
2Cases cited34 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Willard v. TayloeSupreme Court of the United States · 1870
- Moore v. CrawfordSupreme Court of the United States · 1889
- Cheney v. LibbySupreme Court of the United States · 1890
- Taylor v. LongworthSupreme Court of the United States · 1840
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3Cited by9 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Lindlay v. RaydureDistrict Court, E.D. Kentucky · 1917
- Wakenva Coal Company, Inc. v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1930
- Continental Oil Co. v. MulichCourt of Appeals for the Tenth Circuit · 1934
- Donahoe v. FranksDistrict Court, E.D. Pennsylvania · 1912
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