Coats v. Milner
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; Dene H. Coleman, Judge; The court erred in sustaining the demurrer. Kirby’s Digest, § § 6099, 6101 as amended by Act No. 267, Acts 1917, p. 1441. 1. Creager was not a party. No service was had on him. 2. The cross-complaint did not properly set ont any damages for which appellants were entitled to recover.
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Appeal from Lawrence Circuit Court, Eastern District; Dene H. Coleman, Judge; The court erred in sustaining the demurrer. Kirby’s Digest, § § 6099, 6101 as amended by Act No. 267, Acts 1917, p. 1441. 1. Creager was not a party. No service was had on him. 2. The cross-complaint did not properly set ont any damages for which appellants were entitled to recover. The demurrer was properly sustained. 56 Ark. 603; 33 M-545; 95 Id. 363; 148 S. W. 269; 80 Ark. 228; 36 Id. 518. The damages claimed must have been in contemplation of the parties at the time the alleged contract was entered into. 148 S.…
1Opinion of the CourtSmith, J.
Milner sued Coats for $400 on a promissory note. Coats filed an answer and cross-complaint in which the execution of the note was admitted but which alleged the fact to be that Milner and one Creager were liable as partners to Coats by way of damages in the sum of $800 for the breach of a contract to sell and deliver a sawmill. Milner demurred to the cross-complaint on the grounds that the damages claimed could not be recovered in this action and for the further reason that the complaint did not sufficiently allege what the recoverable damages were. The demurrer was sustained, and this appeal…
2Cases cited1 opinion
- Hicks v. ManessSupreme Court of Arkansas · 1858
3Cited by27 opinions
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- Funk v. YoungSupreme Court of Arkansas · 1919
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- Thompson v. MooreCourt of Appeals for the Eighth Circuit · 1940
- Huggins v. SmithSupreme Court of Arkansas · 1919
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