Benton v. Southern Engine & Boiler Works
Supreme Court of Arkansas
Appeal from Monroe Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURT. This is an action in replevin, brought by appellee against appellant, to recover certain machinery, alleging that it was the owner thereof under a contract retaining title until the purchase money was paid.
Read the full summary
Appeal from Monroe Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURT. This is an action in replevin, brought by appellee against appellant, to recover certain machinery, alleging that it was the owner thereof under a contract retaining title until the purchase money was paid. The value of the machinery was alleged to be $600; that there was remaining past due and unpaid of the purchase price $217, with interest, which appellant, after demand, refused to pay. The statutory grounds to maintain replevin are set up, and there was a prayer for possession of the machinery. The…
1Opinion of the Court
Wood, J.,
(after stating the facts). Under the pleadings and the undisputed evidence the appellee should be allowed to recover unless the appellant’s answer and cross complaint present a good cause of action against the appellee, according to the doctrine announced in Ewing-Merkel Elec. Co. v. Lewisville Light & W. Co., 92 Ark. 594. In that case we held that (quoting syllabus): “In a suit upon contract by a nonresident against a resident of this State, the defendant' will be allowed in equity to set-off a claim for unliquidated damages growing out of the breach of an independent contract…
2Cases cited1 opinion
- Ewing-Merkel Electric Co. v. Lewisville Light & Water Co.Supreme Court of Arkansas · 1909
3Cited by10 opinions
- Civil Service Commission of Van Buren v. MatlockSupreme Court of Arkansas · 1944
- Dawkins v. PetteysSupreme Court of Arkansas · 1915
- City of Little Rock v. NewcombSupreme Court of Arkansas · 1951
- England v. ScottSupreme Court of Arkansas · 1942
- Burnett v. ClarkSupreme Court of Arkansas · 1945
5 more not listed; retrieve them via the Exa API.