Wells v. Commonwealth, Department of Highways

Court of Appeals of Kentucky

Wells v. Commonwealth, Department of Highways

384 S.W.2d 308

CourtCourt of Appeals of Kentucky

DecidedNovember 20, 1964

StatusPublished

Cited by7 cases

This text of 384 S.W.2d 308 (Wells v. Commonwealth, Department of Highways) 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

Wells v. Commonwealth, Department of Highways, 384 S.W.2d 308 (Ky. Ct. App. 1964).

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Opinion

PALMORE, Judge.

This is a suit against the Commonwealth for damages resulting from an alleged breach of contract. The appeal was briefed and submitted prior to Foley Construction Company v. Ward, Ky., 375 S.W. 2d 392 (1963), in which it was held that the doctrine of sovereign immunity prevents recovery in contract actions against the state. At the close of plaintiffs’ evidence the trial court dismissed the claim on the basis of the terms of the contract and the proof relevant to its alleged breach. The defense of sovereign immunity was not specially pleaded or relied upon. However, it is a constitutional protection that can be waived only by the General Assembly and applies regardless of any formal plea. Commonwealth, Dept. of Highways, v. Davidson, Ky., 383 S.W.2d 346 (decided October 16, 1964). In view of the Foley decision a review of the instant appeal on the merits would be fruitless.

The judgment is affirmed.

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PALMORE, Judge.

This is a suit against the Commonwealth for damages resulting from an alleged breach of contract. The appeal was briefed and submitted prior to Foley Construction Company v. Ward, Ky., 375 S.W. 2d 392 (1963), in which it was held that the doctrine of sovereign immunity prevents recovery in contract actions against the state. At the close of plaintiffs’ evidence the trial court dismissed the claim on the basis of the terms of the contract and the proof relevant to its alleged breach. The defense of sovereign immunity was not specially pleaded or relied upon. However, it is a constitutional protection that can be waived only by the General Assembly and applies regardless of any formal plea. Commonwealth, Dept. of Highways, v. Davidson, Ky., 383 S.W.2d 346 (decided October 16, 1964). In view of the Foley decision a review of the instant appeal on the merits would be fruitless.

The judgment is affirmed.

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Bluebook (online)

384 S.W.2d 308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-commonwealth-department-of-highways-kyctapp-1964.

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