Lant v. Louisville, Cin. & Lex. Railroad

Court of Appeals of Kentucky

Lant v. Louisville, Cin. & Lex. Railroad

5 Ky. Op. 445, 1871 Ky. LEXIS 444

DecidedJune 16, 1871

StatusPublished

This text of 5 Ky. Op. 445 (Lant v. Louisville, Cin. & Lex. Railroad) 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

Lant v. Louisville, Cin. & Lex. Railroad, 5 Ky. Op. 445, 1871 Ky. LEXIS 444 (Ky. Ct. App. 1871).

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Opinion

Opinion by

Judge Peters :

It is alleged that the misrepresentations and fraud complained of were not made and perpetrated in the sale of the lot for which the note sued on was executed but in the. sale of another lot [446]*446made months before. We do not see well how unliquidated damages for fraud in an altogether different transaction, having no connection with the contract out of which this action grew, can be allowed as a set-off to the demand herein set up. We therefore conclude that the demurrer to the answers were properly sustained.

Harrison, for appellant. Wright & Green, for appellee.

Wherefore the judgment is affirmed.

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Opinion by

Judge Peters :

It is alleged that the misrepresentations and fraud complained of were not made and perpetrated in the sale of the lot for which the note sued on was executed but in the. sale of another lot [446]*446made months before. We do not see well how unliquidated damages for fraud in an altogether different transaction, having no connection with the contract out of which this action grew, can be allowed as a set-off to the demand herein set up. We therefore conclude that the demurrer to the answers were properly sustained.

Harrison, for appellant. Wright & Green, for appellee.

Wherefore the judgment is affirmed.

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Bluebook (online)

5 Ky. Op. 445, 1871 Ky. LEXIS 444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lant-v-louisville-cin-lex-railroad-kyctapp-1871.