Bradley Gin Co. v. J. L. Means Machinery Co.
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; The court erred in sustaining a demurrer to the third paragraph of the answer. 56 Ark. 450; 60 Ark. 387; 4 L. R. A. 202, and cases there cited.
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Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; The court erred in sustaining a demurrer to the third paragraph of the answer. 56 Ark. 450; 60 Ark. 387; 4 L. R. A. 202, and cases there cited. Appellee waived all requirements of notice by abandoning the machinery without setting it up. 1 L. R. A. (N. S.) 142; 81 S. W. 663; 85 S. W. 690. The contract did not contemplate the recovery of special damages, and the demurrer was properly sustained. 64 Ark. 510; 72 Ark. 275; 48 Pa. St. 309; 190 U. S. 540. Moreover, the damages alleged were too remote. 83 Ark. 47.
1Opinion of the CourtFrauenthal, J.
This was a replevin suit instituted by the plaintiff below, J. L. Means Machinery Company, Ltd., against the Bradley Gin Company, to recover possession of certain gin machinery. On June 16, 1906, the plaintiff sold and delivered to the defendant the gin machinery involved in this suit under a written contract; and for the purchase money the defendant executed three notes. In these notes it is expressly provided that the title to said machinery was retained in the plaintiff until the payment of the notes. The written contract of sale, amongst other clauses, contained the following provisions:
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2Cases cited7 opinions
- Hudson Canal Co. v. Pennsylvania Coal Co.Supreme Court of the United States · 1869
- Boston Store v. SchleuterSupreme Court of Arkansas · 1908
- Soudan Planting Co. v. StevensonSupreme Court of Arkansas · 1907
- Turner v. BakerSupreme Court of Arkansas · 1875
- Anderson v. WainwrightSupreme Court of Arkansas · 1899
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3Cited by13 opinions
- City of Little Rock v. SawyerSupreme Court of Arkansas · 1958
- Cox v. SmithSupreme Court of Arkansas · 1911
- Fullerton v. StorthzSupreme Court of Arkansas · 1930
- American Sales Book Co. v. WhitakerSupreme Court of Arkansas · 1911
- Federal Truck & Motors Co. v. TompkinsSupreme Court of Arkansas · 1921
8 more not listed; retrieve them via the Exa API.