BLUE GRASS MINING CO. v. ELECTRIC & MACHINE SUPPLY CO.


275 S.W.2d 791 (1955)

BLUE GRASS MINING COMPANY, Inc., Appellant, v. ELECTRIC & MACHINE SUPPLY COMPANY, Inc., Appellee.

Court of Appeals of Kentucky.

February 18, 1955.


Attorney(s) appearing for the Case

Harry M. Caudill, Whitesburg, for appellant.

Emmett G. Fields and Stephen Combs, Jr., Whitesburg, for appellee.


PER CURIAM.

This action was brought to recover an amount claimed due on a contract for the sale of mining machinery. The defendant counterclaimed for the sum of $1,070 allegedly due and a judgment in this amount was entered for it.

On this appeal plaintiff contends the trial court improperly submitted the case to a jury since neither party had made a demand therefor under CR 38.02. However, we are of the opinion the parties consented to a jury trial as provided...

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