# Batson v. Clark

> Court of Appeals of Kentucky · October 16, 1998 · 980 S.W.2d 566

URL: https://www.frixlaw.com/law-library/cases/9659897

## Case

- **Full name:** Jerry BATSON, Executor of the Estate of Margaret Louise Wright, Appellant, v. Charles CLARK, Bill Wilcox, and Leonard Gilbreth, Individually, and D/B/A Downtown Carpets Warehouse, Appellees
- **Court:** Court of Appeals of Kentucky
- **Decided:** October 16, 1998
- **Citations:** 980 S.W.2d 566; 1998 Ky. App. LEXIS 97; 1998 WL 720958
- **Precedential status:** Published
- **Opinion:** Concurring in part by Huddleston
- **Judges:** Gardner, Huddleston, Knox
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9659897

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9659897. Public record. Not legal advice.