Dahnke-Walker Milling Co. v. Bondurant

CourtCourt of Appeals of Kentucky
Writing for the CourtCLARKE, J.
Citation185 Ky. 386,215 S.W. 76
Decision Date17 October 1919
PartiesDAHNKE-WALKER MILLING CO. v. BONDURANT.

215 S.W. 76

185 Ky. 386

DAHNKE-WALKER MILLING CO.
v.
BONDURANT.

Court of Appeals of Kentucky.

October 17, 1919


Appeal from Circuit Court, Fulton County.

Action by the Dahnke-Walker Milling Company against C. T. Bondurant. From a judgment for defendant, plaintiff appeals. Affirmed.

Robbins & Robbins, of Mayfield, for appellant.

W. J. Webb, of Mayfield, and B. T. Davis, of Hickman, for appellee.

CLARKE, J.

This is an action by the Dahnke-Walker Milling Company against C. T. Bondurant to recover damages for a breach of contract. Upon a former appeal of the case a judgment in favor of the plaintiff was reversed, upon the ground that the contract was unenforceable by the plaintiff, a foreign corporation, because of its failure to comply with section 571 of Kentucky Statutes, and the cause was remanded for a new trial, with directions to direct a verdict for defendant if the evidence should be the same as on the first trial. See Bondurant v. Dahnke-Walker Milling Co., 175 Ky. 774, 195 S.W. 139.

The evidence being the same upon the second trial as upon the first, the trial court, in obedience to the mandate of this court, directed a verdict for the defendant and dismissed the petition, from which judgment the plaintiff has prosecuted this appeal.

Since no question of either fact or law, not decided by our former opinion in this case, is presented by this appeal, and the judgment now appealed from was rendered in obedience to our mandate and in conformity with our view of the law, as fully set forth in that opinion, reported in 175 Ky. 774, 195 S.W. 139, and to which we adhere, it is obvious that the judgment must be, and it is, affirmed.

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4 practice notes
  • Milling Co v. Bondurant, DAHNKE-WALKER
    • United States
    • United States Supreme Court
    • October 10, 1921
    ...was entered on the verdict, and that judgment was affirmed by the Court of Appeals on the authority of its former decision. 185 Ky. 386, 215 S. W. 76. The case is here on a writ of error and our jurisdiction is challenged. The objection is not that we are without Page 288 power to review th......
  • E.C. Artman Lumber Co. v. Bogard
    • United States
    • Court of Appeals of Kentucky
    • May 6, 1921
    ...not one in interstate commerce. The doctrine of that opinion was adhered to in a second appeal of the same case, reported in 185 Ky. 386, 215 S.W. 76, from which an appeal was prosecuted to the Supreme Court of the United States, where the case is now pending; and whether our conclusions in......
  • Hughes v. R.O. Campbell Coal Co.
    • United States
    • Court of Appeals of Kentucky
    • February 8, 1924
    ...v. Eclipse Hay Press Co., 104 S.W. 224, 31 Ky. Law Rep. 824; Bondurant v. Dahnke-Walker Milling Co., 175 Ky. 774, 195 S.W. 139; Id., 185 Ky. 386, 215 S.W. 76; E. C. Artman Lumber Co. v. Bogard, 191 Ky. 392, 230 S.W. 953; Louisville Trust Co. v. Bayer Steam Soot Blower Co., 166 Ky. 744, 179 ......
  • Hughes v. R. O. Campbell Coal Co.
    • United States
    • Kentucky Court of Appeals
    • February 8, 1924
    ...Commonwealth v. Eclipse Hay Process Co., 31 Ky. L. R. 824; Bondurant v. Dahnke-Walker Milling Co., 175 Ky. 774; Same v. Same, 185 Ky. 386; E. C. Artman Lumber Co. v. Bogard, 191 Ky. 392; Louisville Trust Co. v. Bayer Steam Soot Blower Co., 166 Ky. 744; Fletcher Cyclopedia Corporations, vol.......
4 cases
  • Milling Co v. Bondurant, DAHNKE-WALKER
    • United States
    • United States Supreme Court
    • October 10, 1921
    ...was entered on the verdict, and that judgment was affirmed by the Court of Appeals on the authority of its former decision. 185 Ky. 386, 215 S. W. 76. The case is here on a writ of error and our jurisdiction is challenged. The objection is not that we are without Page 288 power to review th......
  • E.C. Artman Lumber Co. v. Bogard
    • United States
    • Court of Appeals of Kentucky
    • May 6, 1921
    ...not one in interstate commerce. The doctrine of that opinion was adhered to in a second appeal of the same case, reported in 185 Ky. 386, 215 S.W. 76, from which an appeal was prosecuted to the Supreme Court of the United States, where the case is now pending; and whether our conclusions in......
  • Hughes v. R.O. Campbell Coal Co.
    • United States
    • Court of Appeals of Kentucky
    • February 8, 1924
    ...v. Eclipse Hay Press Co., 104 S.W. 224, 31 Ky. Law Rep. 824; Bondurant v. Dahnke-Walker Milling Co., 175 Ky. 774, 195 S.W. 139; Id., 185 Ky. 386, 215 S.W. 76; E. C. Artman Lumber Co. v. Bogard, 191 Ky. 392, 230 S.W. 953; Louisville Trust Co. v. Bayer Steam Soot Blower Co., 166 Ky. 744, 179 ......
  • Hughes v. R. O. Campbell Coal Co.
    • United States
    • Kentucky Court of Appeals
    • February 8, 1924
    ...Commonwealth v. Eclipse Hay Process Co., 31 Ky. L. R. 824; Bondurant v. Dahnke-Walker Milling Co., 175 Ky. 774; Same v. Same, 185 Ky. 386; E. C. Artman Lumber Co. v. Bogard, 191 Ky. 392; Louisville Trust Co. v. Bayer Steam Soot Blower Co., 166 Ky. 744; Fletcher Cyclopedia Corporations, vol.......

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