Geo. G. Fetter Printing Co. v. Courier-Journal Job Printing Co.
Geo. G. Fetter Printing Co. v. Courier-Journal Job Printing Co.
Opinion of the Court
delivered the opinion of the court.
The appellant, the Geo. G. Fetter Printing Company, brought this action in the Jefferson Circuit Court, seeking an injunction restraining appellee, the Courier-Journal Job Printing Company, from completing certain work for the State of Kentucky under a contract made with the State commissioners of printing in 1893, to begin first Monday in January, 1894, and to continue two' years, said term having expired; also an injunction commanding appellee to turn over and deliver to appellant certain unfinished work, not then completed by appellee under the contract; and also asked judgment against appellee for $3,000 in damages on account of profits that appellant would necessarily have made on the work under the contract with the State; also an injunction is sought against S. H. Stone, Auditor of Public Accounts, to prevent said officer from issuing to appellee his warrant in payment for said work, if completed by appellee. There is filed with the petition an order as follows: “Frankfort, Ky., January 10,. ’96. To the Courier-Journal Job Printing Company, Louisville, Ky. — Gentlemen: You will
' The law governing the public printing of the State is found in sections 3942 to 3990, both inclusive, of Ky. Stats., and the sections applicable here are:
“Sec. 3955. The printing, paper, stationery and supplies necessary for the use of the State printing and binding*384 specified in the first class, shall be furnished and paid for by the State, and the Commissioners of Public Printing of the State shall upon the requisition of the contractor from time to time, as the same may be needed, deliver over to the contractor suitable paper, stationery and supplies for the printing and binding which is required by his contract to do. The commissioners shall take and preserve from such contractor a receipt for all paper, and supplies' so delivered; and at the annual settlement on the first Monday in January, the contractor shall deliver to the Commissioners of Public Printing all paper and supplies so furnished by them, which has not been used in the State printing and binding; and if any such paper or supplies has been wasted or converted to any other use, the contractor to whom the same has been delivered shall be charged with the value thereof, together with penalty of fifty per cent, and the amount shall be deducted from his account.”
“Sec. 3987. The Secretary of State shall furnish a correct copy of the laws to the Printer thereof, and the clerks of the respective branches of the General Assembly shall each furnish to the Printer, who is bound by his contract to print the same, copies of the journals, bills, reports and other papers, documents and resolutions, without unnecessary delay.”
“Sec. 3988. The contractor for the printing and binding of the first class shall promptly and without delay, execute all orders of the General Assembly, or either branch thereof, for the printing of all bills, resolutions and other matter; and all contractors under the provisions of this act shall promptly and without unnecessary delay, execute all orders to them issued by the General Assembly*385 or either branch thereof, or the executive officers of the State.”
“Sec. 3978. * * * Nor shall any composition, on any pretext whatever, be paid for a second time upon any report, document or publication, unless the work shall have been actually done, and only when unavoidable necessity compels its resetting.”
It is shown in the proof that on January 6, 1896, the day the contract of appellant begun and the day the contract of appellee expired, appellee had on hand, unfinished, a report of the Auditor, Railroad Commissioners, Superintendent of Public Instruction, and volume 96 of Kentucky Reports, in various states of progress, in some a comparatively few pages in type and in others partly printed; that after this action was brought the State Board' of Public Pointers permitted the appellee to complete all of this work, and accepted same from appellee, and paid for it under the contract with appellee. By section 3957, it is provided that the contract for public printing shall be let biennially, and for the period of two years, beginning- the first Monday in January. The pleadings show that appellee contracted for the printing of the first class for two years-, beginning first Monday in January, 1894, and ending first Monday in January, 1896. The General Assembly of the State met on Tuesday after the first Monday in January, and by section 155, Ky. Stats., it is provided that the report of the Auditor shall be presented to the Legislature on or before the sixth day of its session. By section 4389, Ky. Stats., it is provided that the report of the Superintendent of Public Instruction shall be made on or before ‘the meeting of the Legislature. By section S34 it is pro
We do not agree with counsel for appellant that the parties stood in the relation of an officer of the State- - Public Printer — but that the relation was one of contract. By section 3985, Ky. Stats., the office of Public Printer expired the first Monday in January, 1894, the day Hie eon-
Case-law data current through December 31, 2025. Source: CourtListener bulk data.