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KRS 365.040

Exceptions to KRS 365.030

Applied in 3 court decisions — leading case State Ex Rel. Clark v. Wolkoff (1957)

Most recently applied in Remote Services, Inc. v. FDR CORP. (January 1989)

History: Recodified 1942 Ky

How often courts cite this section

1957196019701980198910
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The provisions of KRS 365.030 do not apply to any sale made:

(1) In closing out in good faith the owner's stock or any part thereof for the purpose of discontinuing his trade in any such stock or commodity, or in disposing of seasonable goods to prevent loss to the vendor by depreciation, or in disposing of perishable goods to prevent loss to the vendor by spoilage, if notice is given to the public thereof.

(2) When the goods are damaged or deteriorated in quality and notice is given to the public thereof.

(3) By an officer acting under the orders of any court.

(4) In an endeavor made in good faith to meet the legal prices of a competitor selling the same article or product, or service or output of a service trade, in the same locality or trade area.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.