Court of Appeals of Kentucky, 1867

Thompson v. Radford

Thompson v. Radford
Court of Appeals of Kentucky · Decided October 2, 1867 · Robertson
2 Ky. Op. 312; 1867 Ky. LEXIS 458

Thompson v. Radford

Opinion of the Court

Opinion op the Court by

Judge Robertson:

The answer, though deficient in not stating the terms of the contract nor whether written or oral, nevertheless substantially alleges fraudulent misrepresentations and specified damages as resulting therefrom, and presents a counter-claim; therefore to the extent of this claim the answer is substantially good.

Wherefore,- it seems to this court that the circuit court erred in sustaining the demurrer to the answer and thereupon rendering judgment for the amount of the note. The judgment is therefore reversed and the cause remanded for further proceedings consistent with this opinion.

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