Walker v. Yellow Poplar Lumber Co.

• Decision Date: 22 April 1896
• Parties: WALKER et al. v. YELLOW POPLAR LUMBER CO.
• Court: Kentucky Court of Appeals

35 S.W. 272

WALKER et al. v. YELLOW POPLAR LUMBER CO.

Court of Appeals of Kentucky.

April 22, 1896

Appeal from circuit court, Floyd county.

"Not to be officially reported."

Actions by Walker, Peters & Co. and Peters & Mills against the Yellow Poplar Lumber Company. Judgments for defendant, and plaintiff N. J. Peters, appeals. Affirmed.

Jas Goble and Thomas H. Hines, for appellant.

W. S Harkins and John F. Hager, for appellee.

GUFFY J.

This appeal is prosecuted by N. J. Peters from a judgment rendered by the Floyd circuit court in the following consolidated actions, viz.: Walker, Peters & Co. v. The Yellow Poplar Lumber Company, filed January 2, 1892; Peters & Mills v. The Same, filed January 2, 1891; Walker, Peters & Co. v. The Same, filed September 20, 1892; Peters & Mills v. The Same filed September 20, 1892; and Walker, Peters & Co. v. The Same, filed July 20, 1893. The suits were on claims growing out of one or more contracts for the delivery of saw logs. After the institution of two of the above-named suits, a compromise was effected, or at least attempted to be made. The alleged compromise reads as follows: "Know all men by these presents, that we, P. S. Walker, N. J. Peters, A. L Tony, and Jno. R. F. Mills, individually, each for himself and as partners, doing business under the firm name of Walker, Peters and Company, and the said N. J. Peters, A. L. Tony, and Jno. R. F. Mills, individually, each for himself, and as partners, doing business under the firm name of Peters and Mills, or Peters Mills and Company, in consideration of three thousand and five hundred dollars (3,500), cash in hand paid, at the delivery of these presents, to the said Walker, Peters and Company and said Peters, Mills and Company, by the Yellow Poplar Lumber Company, a corporation, organized under and pursuant to the laws of the state of Illinois, having its principal place of business at Coal Grove, in the county of Lawrence, and state of Ohio, do, and each does, hereby remise and release the said Yellow Poplar Lumber Company, its successors and assigns, and its predecessors, the Chicago Lumber Company, also a corporation, created under the laws of the state of Illinois, its successors and assigns, of and from all, and from all manner of, actions, causes of actions, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments, claims, and demands whatsoever, in law or equity, which against the said, the Yellow Poplar Lumber Company, or the Chicago Lumber Company, we individually or as partners aforesaid have had, now have, or which our heirs, executors, or assigns hereafter can,...