Hoofman v. Sharp

Court of Appeals of Kentucky

Hoofman v. Sharp

24 Ky. 489, 1 J.J. Marsh. 489, 1829 Ky. LEXIS 324

DecidedJune 13, 1829

StatusPublished

This text of 24 Ky. 489 (Hoofman v. Sharp) 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

Hoofman v. Sharp, 24 Ky. 489, 1 J.J. Marsh. 489, 1829 Ky. LEXIS 324 (Ky. Ct. App. 1829).

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Opinion

Judge Robertson

delivered the opinion of the Court.

The only issue in this case being covenants performed, the proo'f offered by the defendant below, (plaintiff here) could riot, on any hypothesis of its character, be relevant. It could not sustain the plea. That could be done only by showing a sufficient deed, executed in proper time. No excuse for nonperformance; is admissible under an issue of performance. If there be any good reason for not performing á covenant in writing, it must be pleaded.

. We perceive no error in this case, wherefore, the judgment is affirmed.

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Judge Robertson

delivered the opinion of the Court.

The only issue in this case being covenants performed, the proo'f offered by the defendant below, (plaintiff here) could riot, on any hypothesis of its character, be relevant. It could not sustain the plea. That could be done only by showing a sufficient deed, executed in proper time. No excuse for nonperformance; is admissible under an issue of performance. If there be any good reason for not performing á covenant in writing, it must be pleaded.

. We perceive no error in this case, wherefore, the judgment is affirmed.

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Bluebook (online)

24 Ky. 489, 1 J.J. Marsh. 489, 1829 Ky. LEXIS 324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoofman-v-sharp-kyctapp-1829.