From Casetext: Smarter Legal Research

KB Home Raleigh-Durham, Inc. v. Elliott

Supreme Court of the United States
Nov 10, 2014
574 U.S. 993 (2014)

Summary

In Durham v. Elliott, 180 Ky. 724, 203 S.W. 539, 540, a suit was filed under date of September 15, 1916, among other things, to enforce payment of two notes of $208.86 each, neither of which became due and payable until January 1, 1917, and judgment was entered in this suit on November 3, 1916.

Summary of this case from Shockey v. Pelfrey

Opinion

No. 14-423.

11-10-2014

KB HOME RALEIGH-DURHAM, INC., petitioner, v. Mark ELLIOTT, et al.


Petition for writ of certiorari to the Court of Appeals of North Carolina denied.


Summaries of

KB Home Raleigh-Durham, Inc. v. Elliott

Supreme Court of the United States
Nov 10, 2014
574 U.S. 993 (2014)

In Durham v. Elliott, 180 Ky. 724, 203 S.W. 539, 540, a suit was filed under date of September 15, 1916, among other things, to enforce payment of two notes of $208.86 each, neither of which became due and payable until January 1, 1917, and judgment was entered in this suit on November 3, 1916.

Summary of this case from Shockey v. Pelfrey

In Durham v. Elliott, 180 Ky. 724, 203 S.W. 539, 540, it is said: "An exhibit, if in conflict with the allegations of a pleading, cannot aid the pleading, but may render it bad; and if an exhibit referred to and filed contradicts an allegation of the pleading, the exhibit will control the allegation, unless the exhibit be expressly impeached or explained by the facts stated in the pleading."

Summary of this case from Detroit Fidelity S. Co. v. Mason Construction Co.
Case details for

KB Home Raleigh-Durham, Inc. v. Elliott

Case Details

Full title:KB HOME RALEIGH–DURHAM, INC., petitioner, v. Mark ELLIOTT, et al.

Court:Supreme Court of the United States

Date published: Nov 10, 2014

Citations

574 U.S. 993 (2014)
135 S. Ct. 494
190 L. Ed. 2d 362
83 U.S.L.W. 3282

Citing Cases

Vandiver v. B. B. Wilson Company

Gordon v. Wanless, 231 Ky. 498, 21 S.W.2d 815. While the allegations therein must be taken as true (Grinstead…

Shockey v. Pelfrey

Kalfus v. Davie's Ex'r, 164 Ky. 390, 175 S.W. 652; Standard Lumber Co. v. Colwell, Ky., 117 S.W. 286; Gardner…