Campbellsville Lumber Co. v. Bradlee & Wiggins
Court of Appeals of Kentucky
Case 80 — PETITION OKDINAPY — APPEAL PROM TAYLOR CIRCUIT COURT. 1. The contract was not assignable without the consent of appellant. (5 Lawson’s Bights, Bemedies and Practice, sec. 2572; Gen. Stats, p_ 303, sec. 6; 3 Bibb, 440; 2 Bibb, 233.) 2. The instructions given permitted the jury to estimate as damages the prospective profits on sales by Wiggins in Boston and other markets. This was error.
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Case 80 — PETITION OKDINAPY — APPEAL PROM TAYLOR CIRCUIT COURT. 1. The contract was not assignable without the consent of appellant. (5 Lawson’s Bights, Bemedies and Practice, sec. 2572; Gen. Stats, p_ 303, sec. 6; 3 Bibb, 440; 2 Bibb, 233.) 2. The instructions given permitted the jury to estimate as damages the prospective profits on sales by Wiggins in Boston and other markets. This was error. The lumber was to be delivered at Campbellsville, and the difference between the price to be paid and the value of the lumber on the Campbellsville market was the true measure of damages. (Baker v.…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE’OPINION OP THE COURT.
January 31, 1889, was executed a contract between Bradlee & Wiggins, a firm in Boston, Massachusetts, doing business of buying and selling lumber, and the *496’Campbellsville Lumber Company, a-corporation, whereby the former agreed to purchase and the latter to sell twelve cars of dressed poplar door framing during that year at the rate of two cars per month, beginning with June, at twenty dollars per thousand feet, free on board cars at Campbellsville, Kentucky, terms ‘‘ spot cash.” There is on back of the paper a written transfer and assignment by…
2Cases cited1 opinion
- Moore v. PayneCourt of Appeals of Kentucky · 1838
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- Continental Fire Insurance v. WhitakerTennessee Supreme Court · 1903
- Mutual Life Ins. Co. of New York v. SmithCourt of Appeals of Kentucky (pre-1976) · 1935
- Cumberland Pipe Line Co. v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
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