Goodell v. Bluff City Lumber Co.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. John M. Flliott, Judge. The Bluff City Lumber Co., a corporation doing business at Pine Bluff, brought suit by attachment against Goodell & Waters, of St. Louis, Mo., to recover $1000 damages for defendants’ failure to comply with a contract for the sale of a No. 5 planer, and to recover $2500 damages for loss of prospective profits occasioned by such failure.
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Appeal from Jefferson Circuit Court. John M. Flliott, Judge. The Bluff City Lumber Co., a corporation doing business at Pine Bluff, brought suit by attachment against Goodell & Waters, of St. Louis, Mo., to recover $1000 damages for defendants’ failure to comply with a contract for the sale of a No. 5 planer, and to recover $2500 damages for loss of prospective profits occasioned by such failure. J. F. Rutherford, plaintiff’s vice-president and secretary, testified in substance as follows : Plaintiff purchased from defendants an endless-bed joiner, which failed to do the work for which it was…
1Opinion of the CourtMansEield, J.
1. The court erred in admitting evidence to show the loss of profits in the business of the plaintiff company, resulting from a breach of the alleged contract, and to show the expenses of Rutherford, the company’s vice president, in visiting St. Louis and Chicago, for the purpose of obtaining a machine in lieu of the one the defendants refused to deliver. Such losses and expenses were too remote and speculative to constitute elements of the plaintiff’s damages. Kempner v. Cohn, 47 Ark. 527; Holliday v. Cohen, 34 Ark. 710; St. Louis etc. Railway v. Mudford, 48 Ark. 502, 510; Blass v. Lee, 55…
2Cases cited3 opinions
- St. L., I. M. & S. Ry. Co. v. MudfordSupreme Court of Arkansas · 1886
- Selden v. StateSupreme Court of Arkansas · 1892
- Thurber & Co. v. AndersonIllinois Supreme Court · 1878
3Cited by8 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. DawsonSupreme Court of Arkansas · 1906
- Jones v. StateSupreme Court of Arkansas · 1909
- J. C. Carlile Corp. v. Farmers Liquid Fertilizer, Inc.Court of Appeals for the Eighth Circuit · 1965
- Reed v. Rea-Patterson Milling Co.Supreme Court of Arkansas · 1932
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