Legal Opinion

Garth v. Davis & Johnson

Court of Appeals of Kentucky

Decided March 10, 1905PublishedCited by 20 opinions

Case 13. — ACTION BY W. E. GARTH AGAINST DAVIS & JOHNSON AND OTHERS FOR SPECIFIC EXECUTION OF A CONTRACT FOR SALE OF LAND. Appeal from Warren Circuit Court. John M. Galloway, Circuit Judge. Judgment for defendants. ” Plaintiff appeals. 1. This record shows that on May 26, 1903, the appellees, Davis & Johnson, before attending the auction sale of certain lots in the grove, agreed to buy the lots in partnership, to be owned jointly by them, each, however, to bid separately.

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Case 13. — ACTION BY W. E. GARTH AGAINST DAVIS & JOHNSON AND OTHERS FOR SPECIFIC EXECUTION OF A CONTRACT FOR SALE OF LAND. Appeal from Warren Circuit Court. John M. Galloway, Circuit Judge. Judgment for defendants. ” Plaintiff appeals. 1. This record shows that on May 26, 1903, the appellees, Davis & Johnson, before attending the auction sale of certain lots in the grove, agreed to buy the lots in partnership, to be owned jointly by them, each, however, to bid separately. Under this agreement twelve lots were knocked off to Davis and six to Johnson; both appellees informed appellant that they…

1Opinion of the Court

Opinion by

Judge 0 ’Bear

Beversing.

Appellant owned a tract of land in the city of Bowling Green, Ky., which he caused to be divided into town lots. A plat was recorded. He advertised the lots by descriptions as indicated in the recorded plats for sale at public auction. The advertisements were printed, and stated the terms of the sale, which were, that part of the purchase price was to be cash and balance in notes due at stated intervals. At the sale appellee, John T). Davis became the purchaser of some of the lots, being the ingest' bidder, and appellee, Henry J. Johnson became the purchaser…

2Cases cited14 opinions

  1. Chester v. . DickersonNew York Court of Appeals · 1873
  2. Bates v. BabcockCalifornia Supreme Court · 1892
  3. Tewksbury v. HowardIndiana Supreme Court · 1894
  4. Richards v. GrinnellSupreme Court of Iowa · 1884
  5. Flower v. BarnekoffOregon Supreme Court · 1890

9 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Webb v. VercoeCalifornia Supreme Court · 1927
  2. Parker v. CatronCourt of Appeals of Kentucky · 1905
  3. Chowning v. GrahamSupreme Court of Oklahoma · 1918
  4. Jones v. NickellCourt of Appeals of Kentucky (pre-1976) · 1944
  5. Wiedemann v. CrawfordCourt of Appeals of Kentucky · 1911

15 more not listed; retrieve them via the Exa API.

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