Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 119
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ... Henry, 3 Den. (N. Y.), 366; 4 Ency. of Pl. & Pr., 627, 636, 639; Sousiey v. Burns' Admr., 10 Bush, 90. 3. Even if appellee had carried the burden of the condition precedent, and had failed to allege performance, or offer or ability to perform, the appellant did not stand on his demurrer, but answered to the merits and tried out the case on the issues, Gill' the objections raised by the demurrer were waived and the defects cured by the verdict. 4 Ency. of Pl. & Pr., 662, and cases there cited; Duncan v. Brown, 15 B. M., 19-6; Roundtree v. Hendrick's Admr., 1 B. M., 189. 4. Appellee was not only willing and able to convey a good title to appellant, but did convey acceptable titles to all those to whom appellant sold lots, and appellant took possession of the property, and thus accepted a.ppellee's title, and vouched for same in the sales to others. 5. The contract not being ambiguous, it is not' open to interpretation or construction, either by showing the acts of the parties or other facts. 6. Upon the breach of a contract for the sale of property, occasioned by the buyer, the seller can keep or dispose of his property at his pleasure. If appellant had not repudiated the contract at the time appellee's action was instituted, appellee had no cause of action. On the other hand, if appellant had repudiated the contract, he was not interested in any disposition of the property thereafter made by appellee. 7. The defendants being obligated to sell plaintiff's land. and to open such streets and alleys as they thought proper, they have been properly charged with their share of the expenses incurred in advertising the sale of lots, because the advertising expense is a necessary incident to the...
- Paperback | 330 pages
- 189 x 246 x 18mm | 590g
- 13 Sep 2013
- Illustrations, black and white