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ALVEY v. KERN

354 S.W.2d 516 (1962)

Bernard ALVEY et al., Doing Business As Alvey Brothers Lumber Company, Appellants, v. Olin W. KERN et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied March 26, 1962.

Attorney(s) appearing for the Case

John W. Beard, Humphreys, Jones, Beard & Rummage, Owensboro, for appellants.

Wells T. Lovett, Thacker, Sweeney & Lovett, Owensboro, for appellees.

MONTGOMERY, Judge.

Bernard and Robert I. Alvey, doing business as Alvey Brothers Lumber Company, appeal from a judgment in the sum of $6,468.21 in favor of Olin W. Kern and his wife, Mary. The Kerns had sued for recovery of damages under a written contract. The Alveys recovered $168.21 on a counterclaim, from which there is no appeal.

In April 1957, appellants entered into a written agreement with the appellees for construction of a dwelling house in Owensboro...

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