Lansdale v. Wintersmith

Court of Appeals of Kentucky

Lansdale v. Wintersmith

3 Ky. Op. 617, 1869 Ky. LEXIS 527

DecidedApril 23, 1869

StatusPublished

This text of 3 Ky. Op. 617 (Lansdale v. Wintersmith) 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

Lansdale v. Wintersmith, 3 Ky. Op. 617, 1869 Ky. LEXIS 527 (Ky. Ct. App. 1869).

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Opinion

Opinion of the Court by

Judge Peters:

The answer did not present a good defense to the action, if the facts as stated be admitted as is done by the demurrer, it would seem that the services which appellee undertook to render, had been performed, as the case has been tried in the circuit court, and in this court.

There is neither fraud nor mistake alleged, and without an allegation of the one or the other, a contract or agreement in parol different from that expressed in the note cannot be relied on and proved.

Wkerefore the judgment is affirmed.

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Opinion of the Court by

Judge Peters:

The answer did not present a good defense to the action, if the facts as stated be admitted as is done by the demurrer, it would seem that the services which appellee undertook to render, had been performed, as the case has been tried in the circuit court, and in this court.

There is neither fraud nor mistake alleged, and without an allegation of the one or the other, a contract or agreement in parol different from that expressed in the note cannot be relied on and proved.

Wkerefore the judgment is affirmed.

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Bluebook (online)

3 Ky. Op. 617, 1869 Ky. LEXIS 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lansdale-v-wintersmith-kyctapp-1869.