London Bucket Co. v. Stewart

314 Ky. 832, 237 S.W.2d 509 (1951)

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London Bucket Co. v. Stewart

Kentucky Court of Appeals
314 Ky. 832, 237 S.W.2d 509 (1951)

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Facts

Walter Stewart (plaintiff) alleged that London Bucket Co. (defendant) installed a furnace in Stewart’s motel in an unworkmanlike manner and that London Bucket never completed the installation. The court found for Stewart and required him to elect his remedy. Stewart voluntarily dismissed his claim for damages without prejudice and elected specific performance. The court entered an order decreeing specific performance of the contract. London Bucket Co. appealed, arguing that specific performance was not available for that type of contract.

Rule of Law

Issue

Holding and Reasoning (Stanley, J.)

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