LONDON BUCKET CO. V. STEWART
314 Ky. 832 (1951)
NATURE OF THE CASE: This was an appeal from an order of specific performance to furnish
and install a heating system. London (D), furnace installer, challenged the decision of the
chancellor, which decreed specific performance of a contract to properly furnish and install
a heating system for a motel owned by Stewart (P) motel owner.
FACTS: Stewart (P) sued for specific performance on a contract with London (D) to install
a heating system. P's original complaint stated that the system that was installed was
incomplete, and done in an unskilled and unworkmanlike manner. P prayed for specific
performance and $8,250 in damages. P dropped the damage charge and elected to proceed with
the specific performance part of the complaint. D plead that there was a mutual cancellation
of the contract. The court found that there had been no such cancellation. After
presentation of the evidence the court decreed that D was mandatorily ordered and directed
to comply with the terms of the contract, in its entirety. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment