Bullitt v. Eastern Kentucky Land Co.
Court of Appeals of Kentucky
Case 56 — PETITION EQUITY APPEAL FROM MENIFEE CIRCUIT COURT 1. Action for specific performance is transitory. (.4 Mon., 436, Austin v. Bodley; 3 J. J. M., 544, Parish v. Oldham; 3 Bush, 135, Page and wife v. McKee.) 2. Action to rescind contract is transitory. (3 Dana, 34, Kendrick v. Wheatley.) 3. Summoning defendants in Menifee county did not give jurisdiction.
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Case 56 — PETITION EQUITY APPEAL FROM MENIFEE CIRCUIT COURT 1. Action for specific performance is transitory. (.4 Mon., 436, Austin v. Bodley; 3 J. J. M., 544, Parish v. Oldham; 3 Bush, 135, Page and wife v. McKee.) 2. Action to rescind contract is transitory. (3 Dana, 34, Kendrick v. Wheatley.) 3. Summoning defendants in Menifee county did not give jurisdiction. (4 J. J. M., 393, Gill v. Corbin; 5 J. J. M., 126, Prewitt v. Graves; 2 Duvall, 182, Duvall v. Parker; 2 Bush, 55, Casey v. Lewis; 3 Met., 459, Fernold v. Spear; 7 Bush, 432, Meguiar v. Rudy; 18 B. M., 136, Dean v. English.) 4.…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion oe tub court.
By executory contracts the Bullitts conveyed to the Eastern Kentucky Land Co., a boundary of land situate in Menifee county, supposed to contain 3,000 acres, for the sum of $5,000 — $2,500 was cash and the balance was to be paid under certain conditions of the contract.. If there were less than 3,000 acres in the boundary then the price was to he at a given sum per acre, and in no event was the price for the whole boundary to be more than $5,000. This action was instituted by the appellee in the Menifee Circuit Court to rescind the contract to…
2Cases cited5 opinions
- Usher's Ex'r v. FloodCourt of Appeals of Kentucky · 1886
- Speers v. SewellCourt of Appeals of Kentucky · 1868
- Kendrick v. WheatleyCourt of Appeals of Kentucky · 1835
- Miller v. HallCourt of Appeals of Kentucky · 1866
- Vaughan v. MyersCourt of Appeals of Kentucky · 1834
3Cited by21 opinions
- Elterman v. . HymanNew York Court of Appeals · 1908
- Mulheron v. Henry S. Koppin Co.Michigan Supreme Court · 1922
- Ihrke v. Continental Life Insurance & Investment Co.Washington Supreme Court · 1916
- Wilson v. KrygerNorth Dakota Supreme Court · 1914
- Occidental Realty Co. v. PalmerAppellate Division of the Supreme Court of the State of New York · 1907
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