BROWN v. NOLAND COMPANY


403 S.W.2d 33 (1966)

Millard BROWN and wife, Bernice Brown, Appellants, v. NOLAND COMPANY, Inc., et al., Appellees.

Court of Appeals of Kentucky.

May 20, 1966.


Attorney(s) appearing for the Case

Marshall Funk, Bowling Green, Mahoney, Jordan, Statton & Smith, Boone, Iowa, for appellants.

Bell, Orr & Reynolds, Bowling Green, for appellees.


DAVIS, Commissioner.

The appellants Millard Brown and Bernice Brown, husband and wife, sued appellees Noland Company, Inc., Ulan K. Jones, Jr., and Continental Insurance Company, asserting tort liability of Noland Company and Jones arising out of an automobile accident, or alternatively contract liability against Continental on an asserted contract for settlement of the tort claim. The trial court sustained appellees' motion to dismiss the action upon the pleadings...

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