From Casetext: Smarter Legal Research

Wilson v. Walls

Court of Appeals of Kentucky
Nov 28, 1958
317 S.W.2d 472 (Ky. Ct. App. 1958)

Opinion

October 18, 1957. Rehearing Denied November 28, 1958.

Appeal from the Circuit Court, Bourbon County, Marion Rider, Special Judge.

James S. Wilson, Jr., Paris, J. Craig Bradley, Jr., Georgetown, for appellants.

Samuel Milner, Paris, for appellee.


Motion for an appeal from a judgment of the Bourbon Circuit Court, Hon. Marion Rider, Special Judge, awarding appellee damages in the sum of $1,940 for appellants' breach of an oral contract to correct defects in a hay baler appellee purchased from appellants.

It is argued by appellants that the court erred in: 1. overruling their motion for a directed verdict; 2. permitting appellee under CR 15.02 to amend his complaint after judgment to conform to his proof; 3. instructing the jury; 4. refusing to allow appellants to introduce evidence as to custom in the farm implement industry; 5. that the proof of damages was too speculative to permit recovery.

After reading the record and the briefs and examining the authorities cited therein, we have reached the conclusion there is no merit in any of appellants' contentions, therefore the motion for appeal is overruled and the judgment is affirmed.


Summaries of

Wilson v. Walls

Court of Appeals of Kentucky
Nov 28, 1958
317 S.W.2d 472 (Ky. Ct. App. 1958)
Case details for

Wilson v. Walls

Case Details

Full title:D. M. WILSON et al., d/b/a Wilson Bros., Appellants, v. Clark WALLS…

Court:Court of Appeals of Kentucky

Date published: Nov 28, 1958

Citations

317 S.W.2d 472 (Ky. Ct. App. 1958)