Fair Store No. 32 v. Hadley Milling Co.
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Geo. W. Ciarle, Judge; STATEMENT OE EA.CTS. ■The Hadley Milling Company sued the. Fair Store No. 32 to recover damages in the .sum. of $148.50 for the breach of a contract for the sale of-flour by,the former .to the. latter. . The parties • entered into a written contract for. the sale of the flour, which,reads as follows: . “Contract between the Hadley Milling Company, Olathe, Kansas, and ship to Fair- Store at England, Arkansas : , When,…
Read the full summary
Appeal from Lonoke Circuit Court; Geo. W. Ciarle, Judge; STATEMENT OE EA.CTS. ■The Hadley Milling Company sued the. Fair Store No. 32 to recover damages in the .sum. of $148.50 for the breach of a contract for the sale of-flour by,the former .to the. latter. . The parties • entered into a written contract for. the sale of the flour, which,reads as follows: . “Contract between the Hadley Milling Company, Olathe, Kansas, and ship to Fair- Store at England, Arkansas : , When, 30 days, f. o. b. ... Terms: Arrival draft, B. L. attached. ' ■ , Through, Bank of England,., «•■No. bbl's, . .. Brand.…
1Opinion of the CourtHart, J.
(after stating the facts). It is first contended that there is no substantial evidence to support the verdict as to the amount of damages sustained by the plaintiff.
The contract provided that, should either party refuse to fulfill it on his part, the other should buy or sell, as the case might be, charging the loss to the defaulting party. Thus the contract itself fixed the method of ascertaining the damages resulting from a breach of it.
The plaintiff is a corporation. Its secretary and treasurer gave his deposition in the case, and testified that the plaintiff purchased wheat with which to…
2Cases cited7 opinions
- St. Louis Southwestern Railway Co. v. EllenwoodSupreme Court of Arkansas · 1916
- American Sales Book Co. v. WhitakerSupreme Court of Arkansas · 1911
- Webb v. Kansas City Southern Railway Co.Supreme Court of Arkansas · 1919
- Williams v. WilliamsSupreme Court of Arkansas · 1914
- Dickie v. HendersonSupreme Court of Arkansas · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lanier v. TrammellSupreme Court of Arkansas · 1944
- Missouri Pacific Transportation Co. v. BellSupreme Court of Arkansas · 1938
- Fadex Foreign Trading Corp. v. Crown Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1947