Park v. Louisville Post No. 440

279 S.W. 626, 212 Ky. 402, 1926 Ky. LEXIS 156

• Court: Court of Appeals of Kentucky (pre-1976)
• Decided: January 15, 1926
• Status: Published

Opinion

Opinion op the Court by

Drury, Commissioner

Affirming.

Appellant, who will be referred to as plaintiff, began this action against the appellees, Louisville Post No. 440, Yeterans of Foreign Wars of the United States, Citizens’ Constitutional League, Everett Jones, William H. Hilyard, Milton J. Culp, Phil. J. Brogan, T. M. Russell and H. T. Jones, committee, and J. Reginald Clements, whom we will refer to as defendants, to collect a fee of $750.00 under a contract filed with his petition, the essential part of which is:

“I, J. Reginald Clements, hereby engage Judge D. Gr. Park to act as co-counsel with me in the prose-' cution of an action by members of the Citizens ’ Constitutional League in cooperation with the Veterans of Foreign Wars . . . it being understood that no member of either organization, nor myself, shall be liable for such fee and expenses, but that same shall be raised in accordance with the plans arranged by the committee at its meeting on this date. ’ ’

Defendants ’ demurrer to the petition was sustained. The petition was amended six times, and after each amendment, the demurrer was renewmd and sustained, and when plaintiff declined to plead further, his action was dismissed. Plaintiff vigorously defends his petition, and standing alone, it would be a good petition; but the contract filed, which is the basis of the action, contradicts the petition, and renders it bad on demurrer.

Blythe v. Warner, 190 Ky. 104, 226 S. W. 669; Hedges v. Combs, 197 Ky. 469, 247 S. W. 711. This con-' tract shows on its face that no liability was to attach to any of the defendants.

The judgment is affirmed.