Legal Opinion

Wallace v. Knoxville Woolen Mills

Court of Appeals of Kentucky

Decided January 27, 1904PublishedCited by 6 opinions

Case 51 — Action by Knoxville Woolen Mills against George C. Wallace and Others for Balance on Account. APPEAL FROM M’CHACEEN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. In this action for $2,712.39 on an open account, appellants, by their answer and counterclaim admitted the correctness of the account sued on, and charged that they had made a contract, in September 1892, with appellee for the delivery to them of eight cases per week, of.

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Case 51 — Action by Knoxville Woolen Mills against George C. Wallace and Others for Balance on Account. APPEAL FROM M’CHACEEN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. In this action for $2,712.39 on an open account, appellants, by their answer and counterclaim admitted the correctness of the account sued on, and charged that they had made a contract, in September 1892, with appellee for the delivery to them of eight cases per week, of. Nos. 11s and 13s -of white hosiery yarns or cones, until 50,000 -pounds in all.should be delivered, the shipments to begin October 1, 1892;…

1Opinion of the Court

Opinion op the court by

JUDGE HOBSON

Reversing.

Appellee, the Knoxville Woolen Mills, instituted this action against appellants to recover $2,712.39, the balance due on an account for a lot of cotton yam sold and delivered by it to them; appellee being a manufacturer of yarn in Knoxville, Tenn., and appellants being manufacturers of hosiery at Paducah, Ky., and buying the yam for use in their factory. After the suit was brought', appellants paid appellee $2,015.05 on the account, and filed an answer and ¡counterclaim as to the remainder of the account, in which they alleged these facts: They…

2Cases cited2 opinions

  1. Jones Bros. v. McEwanCourt of Appeals of Kentucky · 1891
  2. National Oak Leather Co. v. Armour-Cudahy Packing Co.Court of Appeals of Kentucky · 1896

3Cited by6 opinions

  1. Illinois Central R. R. v. NelsonCourt of Appeals of Kentucky · 1906
  2. Forsythe v. Russell Co.Court of Appeals of Kentucky · 1912
  3. Bradley v. Lexington Tobacco Hogshead Co.Court of Appeals of Kentucky · 1914
  4. Iowa Gas & Electric Co. v. Wallins Creek Coal Co.Court of Appeals of Kentucky (pre-1976) · 1928
  5. James Grocery Co. v. Walter O. Birk Candy Co.Court of Appeals of Kentucky (pre-1976) · 1928

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