Collins v. Park
Court of Appeals of Kentucky
Case 3 — PETITION BQUITY AFPEAL FROM ESTILL COURT OF COMMON FLEAS. 1. The action is transitory and not local, and the Estill Court of Common Pleas did not acquire jurisdiction of the case by service of summons in Madison county.
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Case 3 — PETITION BQUITY AFPEAL FROM ESTILL COURT OF COMMON FLEAS. 1. The action is transitory and not local, and the Estill Court of Common Pleas did not acquire jurisdiction of the case by service of summons in Madison county. (Civil Code, sec. 78; Parish v. Oldham, 3 J. J. Mar., 544; Kendrick v. Wheatley, 3 Dana, 34; Mason v. Church, 4 J. J. Mar., 407; Page & Wife v. McKee, &c, 3 Bush, 135.) 2. The answer sets up such facts as show that time was of the. essence of the contract, and appellant should have been permitted to make the defense. ’ 3. When one seeks a specific performance he must…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
March. 1,1890, the following contract was made : “ This writing, between J. M. Park and W. E. Park of first part, and J. S. Collins of second part, witnesseth: That first parties have sold to second party the Harry Moore farm, just east of Irvine, in county of Estill, containing 450 acres, more or less, together with all improvements, thereon, for the consideration of $30,000, one dollar cash in hand paid, the receipt of which is hereby acknowledged ; ■ one-half the remainder when the deed is made, the balance in equal annual installments of one…
2Cases cited2 opinions
- Dresel v. JordanMassachusetts Supreme Judicial Court · 1870
- Logan v. BullCourt of Appeals of Kentucky · 1880
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- Kentucky Distilleries & Warehouse Co. v. BlantonCourt of Appeals for the Sixth Circuit · 1906
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