Wood v. Morgan
Court of Appeals of Kentucky
Case 58 — PETITION ORDINARY — CITED Civil Code, sec. 409. 15 B. Mon. 638. 14 B. Mon. 393. 18 B. Mon. 316. 1 Metcalfe, 558. 3 Metcalfe, 196. 4 Metcalfe, 383.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion op the court.
The default admitting the cause of action did not authorize the court without proof and without a jury to adjudge damages. As adjudged in Chamberlins v. McCallister, &c., 6 Dana, 352, the appellant’s refusal to permit the appellee to perform the stipulated services for a year was not equivalent to performance, so as to entitle the appellee to recover the conventional price for full performance, but only entitled him to such damages as he had actually sustained, and which a jury ought to have assessed on proof.
Wherefore the judgment is…
2Cited by1 opinion
- Kraft v. BallbackCourt of Appeals of Kentucky (pre-1976) · 1928