Harmon v. Frye
Supreme Court of Arkansas
Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. Appellee sued appellant for damages for being evicted from a certain building and deprived of the use of a moving picture machine, which he claimed to have rented for the purpose of operating a moving picture show in the city of Mena, Arkansas.
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Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. Appellee sued appellant for damages for being evicted from a certain building and deprived of the use of a moving picture machine, which he claimed to have rented for the purpose of operating a moving picture show in the city of Mena, Arkansas. It was alleged that for an agreed sum of fifty dollars per month he rented the building and moving picture outfit situated in it from appellee for the purpose of giving moving picture exhibitions at which an admission fee was to be charged by him, and for the purpose…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended that the loss of profits was not in contemplation of the parties when the contract was made, and that the damages are so remote, speculative and contingent that no recovery can be had.
It is undisputed that the building and picture show apparatus was leased to appellee for the purpose of operating a moving picture show, and the jury have found that he was wrongfully evicted therefrom and deprived of machinery, making it impossible to operate the show for a period of twenty days.
The undisputed testimony shows further the actual receipts and…
2Cases cited1 opinion
- Spencer Medicine Co. v. HallSupreme Court of Arkansas · 1906
3Cited by12 opinions
- Black v. HogsettSupreme Court of Arkansas · 1920
- Sumlin v. WoodsonSupreme Court of Arkansas · 1947
- Crow v. RussellSupreme Court of Arkansas · 1956
- Fancher v. KennerSupreme Court of Arkansas · 1913
- Williams v. J. W. Black Lumber Co.Supreme Court of Arkansas · 1982
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