The following is taken from "The Southwestern Reporter" Volume 146, May 22-June 12, 1912, published in St. Paul by West Publishing Co,1912. This is a case before the Kentucky Court of Appeals on May 14, 1912. I will abstract from the appeal as it is quite lengthy and will continue next week. This case had been decided by the Barren County Circuit Court in an action taken by F. M. BREEDING against P E. TANDY. In Barren Co, the court had found for the defendant and in this case, the plaintiff is appealing the decision. PORTER& SANDIDGE and DUFF & HUTCHERSON, all of Glasgow are representing the appellant. C H HATCHETT and BAIRD & RICHARDSON, again all of Glasgow, represent the appellee. The case: Prior to May, 1905, F M BREEDING and P E TANDY were each engaged in the livery business in the town of Glasgow, KY, and were active competitors in said business. In the latter part of that month, Breeding purchased of Tandy his livery outfit, business, and the building in which it was conducted, agreeing to pay him $3,500 for the personal property and a like amount for the building. The following writing evidenced the trade: "Glasgow, Ky., May 27, 1905. The agreement between P. E. Tandy and F. M. Breeding has this day bought of P. E. Tandy his entire stock of livery goods, consisting of horses, harness, buggies and all said livery stock of whatever kind. The said Breeding is to pay for said stock $3,500.00. Breeding also buys the barn in which Tandy is doing business for $3,500.00., the terms of said sale as agreed between said Tandy and Breeding. F. M. Breeding, P. E. Tandy." This was signed on the date which it bears, to wit, May 27, 1905. On the 31st day of May, or four days thereafter, the following writing was executed by Tandy and delivered to Breeding: "Glasgow, Ky., May 31, 1905. I, P. E. Tandy, of the first part, have this day sold my livery stable to F. M. Breeding of the second part. The party of the first pard does hereby agree not to engage in the livery business, as a part or as a whole, in the town of Glasgow, Kentucky, as long as I am engaged in said business in said town. P. E. Tandy." The purchase price for the livery outfit and real estate was paid by Breeding, and Tandy thereupon ceased to engage in the livery business, until the 31st day of July, 1910, at which time he purchased of one WILBURN a livery business which was being operated by him in said town. At that time Breeding was still engaged in the livery business. Following his purchase, Tandy improved the business and at once became an active competitor of Breeding. On September 7th, following, Breeding instituted a suit, in which he sought to enjoin Tandy from continuing to operate or run a livery business in Glasgow, and asked damages in the sum of $600 for the violation of the contract. In the petition it is alleged that, in the writing which was signed by Tandy, by mistake of the draughtsman, the paper was made to read that the party of the first part, which was Tandy, agreed not to engage in the livery business, as a whole or as a part, in the town of Glasgow, "as long as I may engage in said business in said town," when it should have read "as long as the party of the second part is engaged in business in said town," and that the paper in this particular failed to express the true contract and agreement between the parties. Tandy answered, admitted the execution of the paper, but claimed that it had been executed after the trade with Breeding had been closed, and was done gratutously [sic] and as a favor to Breeding; that it was no part of their contract or trade; and that there was no consideration for the paper. As a further defense, he pleased that, before he purchased the Wilburn livery business, he procured the consent of Breeding that he might do so, and that, relying on said consent, he had been induced to invest his money in the Wilburn livery business, and that Breeding was, on this account, estopped from attempting to prevent him from engaging in the business. The material allegations in the answer were traversed by a reply. To be continued. Sandi To post to lists: [email protected] or [email protected] Sandi's Puzzlers: http://www.gensoup.org/gorinpuzzles/index.php Sandi's Website: http://ggpublishing.tripod.com/