Opinion

Batson v. Clark

  • 980 S.W.2d 566
  • 1998 Ky. App. LEXIS 97
  • 1998 WL 720958
Court
Court of Appeals of Kentucky
Filed
Oct 16, 1998
Status
Published
Author
Huddleston
On the bench
Gardner, Huddleston, Knox
Cited by
25 cases

finding Kentucky’s general rule concerning attorney’s fees does not prohibit a trial court from invoking its power in equity to issue an award of attorney’s fees

How later courts described this case

  • finding Kentucky’s general rule concerning attorney’s fees does not prohibit a trial court from invoking its power in equity to issue an award of attorney’s fees
  • acknowledging that a wrongful eviction may also be characterized as a breach of contract claim
  • “In the case of a breach of contract, the goal of compensation is not the mere restoration to a former position, as in tort, but the awarding of a sum which is the equivalent of performance of the bargain—the attempt to place the plaintiff in the position he would be in if the contract had been fulfilled.” (citation omitted)
  • lessor waived right of forfeiture by accepting rent from sublessee with knowledge that a sublease had occurred in violation of the lease

Written by the judges who cited it.

The opinion

HUDDLESTON, Judge,

concurring in part and dissenting in part.

I respectfully dissent from that portion of the Court’s opinion that reverses the award to the Appellees of the fair market value of the storage building. There was proof that the storage building was constructed in 1993 at a cost of $8,523.90. The trial court subtracted $4,000.00 from that amount, the sum that the Appellees acknowledge they would have paid to relocate the building had they been permitted to remove it. The trial court then awarded damages of $4,523.90 for wrongful conversion. I believe that this evidence was sufficient to fix the value of the building when it was converted by the Appellant some two years later. I would, therefore, affirm the trial court on this issue.

I concur in the balance of the Court’s opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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