Legal Opinion · Dissent

Farmers Bank & Trust Co. of Georgetown v. Willmott Hardwoods, Inc.

Kentucky Supreme Court

Decided August 25, 2005No. 2003-SC-0455-DGPublished

1Dissent

SCOTT, Dissenting Justice.

The commitment letter dated July 11, 1996 contains the following language regarding the closing date of the loan: “Closing of the loan shall occur on or before August 10, 1996 unless extended in writing by the Bank.”

Subsequently, on August 2, 1996, David Smith, the Bank’s vice-president, sent a signed cover letter with an accompanying written Loan Agreement to the Appellees which contained the following language: “the closing of the loan shall occur.. .on August 10, 1996 at 9:00 a.m. local time or at such other time and such other date as the parties shall mutually…

2Cases cited9 opinions

  1. United Parcel Service Co. v. RickertKentucky Supreme Court · 1999
  2. Wilcox v. WilcoxCourt of Appeals of Kentucky (pre-1976) · 1966
  3. Klatch v. SimpsonCourt of Appeals of Kentucky (pre-1976) · 1931
  4. Apple v. McCulloughCourt of Appeals of Kentucky (pre-1976) · 1931
  5. Macpherson v. Bacon'sCourt of Appeals of Kentucky · 1918

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