Thompson v. Radford

Court of Appeals of Kentucky

Thompson v. Radford

2 Ky. Op. 312, 1867 Ky. LEXIS 458

DecidedOctober 2, 1867

StatusPublished

This text of 2 Ky. Op. 312 (Thompson v. Radford) 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

Thompson v. Radford, 2 Ky. Op. 312, 1867 Ky. LEXIS 458 (Ky. Ct. App. 1867).

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Opinion

Opinion op the Court by

Judge Robertson:

The answer, though deficient in not stating the terms of the contract nor whether written or oral, nevertheless substantially alleges fraudulent misrepresentations and specified damages as resulting therefrom, and presents a counter-claim; therefore to the extent of this claim the answer is substantially good.

Wherefore,- it seems to this court that the circuit court erred in sustaining the demurrer to the answer and thereupon rendering judgment for the amount of the note. The judgment is therefore reversed and the cause remanded for further proceedings consistent with this opinion.

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Opinion op the Court by

Judge Robertson:

The answer, though deficient in not stating the terms of the contract nor whether written or oral, nevertheless substantially alleges fraudulent misrepresentations and specified damages as resulting therefrom, and presents a counter-claim; therefore to the extent of this claim the answer is substantially good.

Wherefore,- it seems to this court that the circuit court erred in sustaining the demurrer to the answer and thereupon rendering judgment for the amount of the note. The judgment is therefore reversed and the cause remanded for further proceedings consistent with this opinion.

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Bluebook (online)

2 Ky. Op. 312, 1867 Ky. LEXIS 458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-radford-kyctapp-1867.