KEARNS v. SPARKS


296 S.W.2d 731 (1956)

Harlan KEARNS, d/b/a Blossom Music Company, et al., Appellants, v. R. A. SPARKS and Claude B. Terrell, d/b/a Sparks-Terrell Lumber Co., et al., Appellees.

Court of Appeals of Kentucky.

December 14, 1956.


Attorney(s) appearing for the Case

Wheeler B. Boone, Lexington, for appellants.

James S. Carroll, McDonald & McDonald, Thomas P. Bell, B. L. Kessinger, Jr. and Walter L. Tackett, all of Lexington, for appellees.


CLAY, Commissioner.

This action was brought by plaintiff appellant Kearns to recover personal property damages and loss of profits resulting from his eviction from leased premises. The case was tried without a jury. The court dismissed the complaint on the grounds that the plaintiff had failed to prove the defendants had caused the damage complained of, and the proof of damages was speculative and conjectural.

Plaintiff was engaged in the business of producing...

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