133 Ky. 90 | Ky. Ct. App. | 1909
Lead Opinion
Opinion of the Court by
Reversing.
On February 12, 1907, the Yarney Electrical Supply Company entered into a written contract with J. A. Carter, by which it agreed to sell him a bill of electric supplies for $4,561.50.. The goods were delivered, and after this, on March 14th, he ordered from it another bill of supplies, amounting to $734.61. He settled for the goods delivered under the first contract, but declined to pay for the goods delivered under the second order. This suit was brought to recover therefor, and also for certain goods delivered under the first contract, which were not included in it, but which Carter had kept and
The written contract is-in these words: “Louisville, Ky., February 12, 1907. J. A. Carter Electric Light Plant, Hogdenville, Ky. — Gentlemen: We propose to furnish you the following material and apparatus as described, and at prices here below: (Here follows .a list of things to be furnished.) The above material is all guaranteed N. C. first class. We propose to furnish the above f. o. b. Hodgenville, for the sum of $4,561.50, fifty per cent, cash S. D. B. L. A. 25 per cent. 30 days and 25 per cent. 60 days. Varney Electrical Supply Company, by John P. Gossett. Accepted by John A. Carter. Option on above till March 20th, unless notified when shipping will begin.”
It is conceded that the Varney Electrical Supply Company furnished everything named in the con
Judgment reversed, and cause remanded for a new trial.
Rehearing
ON REHEARING.
In stating that the amount of the counterclaim was $1,238, the court had in mind only that part of the counterclaim which was in controversy on the ap
Petition overruled.