Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 95

Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 95

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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. 1895 edition. Excerpt: ...they may have contracted for in the county and not yet delivered." This contract vas evidenced in writing on the 1st of April, 1889, although entered into shortly before that date. On the 7th of August of that year, Massie & Sons brought this action to recover on the tobacco sold the appellants under the contract, and also the value of some tobacco they had raised, as well as to recover damages for other breaches of' the contract by the appellants, the main breach alleged being the discharge by the appellants of the appellees from their service. and their refusal to allow the appellees to assist in purchasing and putting up the-100 or 500 hogsheads of strips, for which the appellants were to allow the appellees one half the commissions that amounted, as is alleged, to $3,675--their half. It is averred, and the proof shows, the appellees were discharged from the service of the appellants on the 18th of May, 1889, long before the tobacco was put up in hogsheads so as to comply with the order, and they are, therefore, claiming their right to the profits upon the terms set forth in the contract; alleging that their discharge was without cause, and averring a readiness on their part to comply with the agreement. The defense, or that principally relied on, in regard to the tobacco of the appellees hanging in the barn at the time of the purchase, is that the tiers of tobacco on the outside of the bar11 were filled with good tobacco, and on the inside the tiers were filled with an indiifereiit quality of tobacco; that the tobacco at the time of the purchase was very dry and could be examined only on the outside, the plaintiffs (appellees) representing that it was all of a like quality, when they knew the tobacco on the inside more

Product details

  • Paperback | 234 pages
  • 189 x 246 x 12mm | 426g
  • United States
  • English
  • black & white illustrations
  • 1236955803
  • 9781236955807