Wakin v. Wakin
Supreme Court of Arkansas
Appeal from Miller Circuit Court; George R. Haynie, Judge; STATEMENT BY THE COURT. Appellees .sued the appellant, alleging in substance, that one Hamisey was, at the May term, 1913, of the district court of Bowie 'County, Texas, in seven different indictments, charged with the illegal sale of whiskey, which was a felony under the Texas laws, and hail was fixed in each case at $100; that Hamisey had executed 'bond for his appearance; that the appellee Davis Wakin was the…
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Appeal from Miller Circuit Court; George R. Haynie, Judge; STATEMENT BY THE COURT. Appellees .sued the appellant, alleging in substance, that one Hamisey was, at the May term, 1913, of the district court of Bowie 'County, Texas, in seven different indictments, charged with the illegal sale of whiskey, which was a felony under the Texas laws, and hail was fixed in each case at $100; that Hamisey had executed 'bond for his appearance; that the appellee Davis Wakin was the step-father and appellee Sarah Wakin the mother of Hamisey; that appellees at the instigation of appellant procured two…
1DissentMcCulloch, C. J.
The majority of the judges hold appellants liable in this case upon the doctrine that a person who induces one of the parties to a contract to break it is liable to the other party for any damages resulting from such breach. That doctrine was first announced by one of the English courts in the case of Lumley v. Gye, 2 El. & Bl. 216, and has since been followed by a great many of the courts in England and in America. It was followed by this court in the case of Mahoney v. Roberts, 86 Ark. 130. It is, I think, pushing the doctrine too far to apply it to the facts of the present case. It has…
2Cases cited2 opinions
- Mahoney v. RobertsSupreme Court of Arkansas · 1908
- Gerson v. SlemonsSupreme Court of Arkansas · 1875