KENTUCKY-VIRGINIA STONE COMPANY v. BALL


426 S.W.2d 455 (1968)

KENTUCKY-VIRGINIA STONE COMPANY, Inc., Appellant, v. Verna Jo BALL, Individually, and as Co-Executrix of the Estate of Floyd Ball, Deceased, Appellee.

Court of Appeals of Kentucky.

March 29, 1968.


Attorney(s) appearing for the Case

Watson & Watson, Middlesboro, for appellant.

A. E. Funk, Jr., Middlesboro, for appellee.


STEINFELD, Judge.

On May 31, 1947, Floyd Ball, now deceased, executed and delivered to Kentucky-Virginia Stone Company, Inc., his promissory note in the amount of $5,955.34 which amount he agreed to repay in monthly installments of $500.00 each, bearing interest at the rate of 5% per annum with the balance being due and payable 360 days after the date of the note. No payments were ever made and the note was not negotiated. Floyd Ball died testate on May 25, 1956,...

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