Ellis v. Riggin

Court of Appeals of Kentucky

Ellis v. Riggin

2 Ky. Op. 215, 1868 Ky. LEXIS 336

DecidedOctober 17, 1868

StatusPublished

This text of 2 Ky. Op. 215 (Ellis v. Riggin) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ellis v. Riggin, 2 Ky. Op. 215, 1868 Ky. LEXIS 336 (Ky. Ct. App. 1868).

Pincite

Opinion

Opinion oe the Court by

Judge Hardin:

The facts alleged in the defendant’s answer as .a counter claim, and fraud, were, we think, at least sufficient to constitute a cause of action for the injury sustained by the defendant by the plaintiff’s failure to comply with his agreement, which has caused the defendant'to remove his tenants from the house preparatory to giving possession to the plaintiff.

The facts of the ease thus presented were tried by the court, and the Judge seems to have estimated the damages sustained by the probable loss of rents, and set it off against $90 of the plaintiff’s demand. And in this we do not perceive any error for which this court should disturb the judgment.

Wherefore the judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion oe the Court by

Judge Hardin:

The facts alleged in the defendant’s answer as .a counter claim, and fraud, were, we think, at least sufficient to constitute a cause of action for the injury sustained by the defendant by the plaintiff’s failure to comply with his agreement, which has caused the defendant'to remove his tenants from the house preparatory to giving possession to the plaintiff.

The facts of the ease thus presented were tried by the court, and the Judge seems to have estimated the damages sustained by the probable loss of rents, and set it off against $90 of the plaintiff’s demand. And in this we do not perceive any error for which this court should disturb the judgment.

Wherefore the judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

2 Ky. Op. 215, 1868 Ky. LEXIS 336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-v-riggin-kyctapp-1868.