Black Log Lumber Co. v. Stepp

277 S.W. 466, 211 Ky. 390, 1925 Ky. LEXIS 884

• Court: Court of Appeals of Kentucky (pre-1976)
• Decided: November 24, 1925
• Status: Published

Opinion

Opinion op ti-ie Court by

Judge Clay

Affirming.

Henry Stepp brought this action against the Black Log Lumber Company to recover damages for breach of a contract to cut and haul timber. From a judgment in. his favor for $700.00 the defendant has. appealed.

As the case is here without a bill of exceptions, it. will be presumed that the evidence and the instructions authorized the verdict, and the sufficiency of the plead ings is the only question that may he reviewed. Tyler v. Woerner, 158 Ky. 710, 166 S. W. 178.

The petition sets out the contract, its breach by appellant, and the amount of damages claimed. While it may be somewhat indefinite and uncertain, the omissions are not such as to render it fatally defective, in view of the rule that after verdict all ambiguities and uncertainties in pleadings will he liberally construed for the purpose of upholding the verdict. Worthley’s Admr. v. Hammond, 13 Bush 510.

Judgment affirmed.