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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Collings v. Scheen, 415 S.W.2d 589 (1967)

Citation
Collings v. Scheen, 415 S.W.2d 589 (1967)
Parent Document
Collings v. Scheen, 415 S.W.2d 589 (1967)
Jurisdiction
Kentucky (state)
Effective Date
1967-02-03

Other Sections in This Document (40)

Full Text

639 chars
“The contract could not be carried out because the $6,000 mortgage would not be accepted. The evidence showing these facts does not impugn the written contract, for it expressly provides that the price to be paid among other things thus: ‘An amount of not less than $6,000. obtained on loan in a building association secured by first mortgage.’ The contract is executory. By its words the above is one of the conditions of the contract, and, when this condition could not be carried out, the contract is not enforceable. As the contract could not be carried out, ap-pellees were entitled to the return of the $500 paid under the contract.”