Hurley v. Oliver
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene Eankford, Judge; 1. It was error to strike out from the answer the 6th paragraph. If plaintiff rendered himself incapable by reason of intoxication of performing the duties resting upon him under the contract, defendants had the right to take the property away from his management and control.
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Appeal from Monroe Circuit Court; Eugene Eankford, Judge; 1. It was error to strike out from the answer the 6th paragraph. If plaintiff rendered himself incapable by reason of intoxication of performing the duties resting upon him under the contract, defendants had the right to take the property away from his management and control. He thereby first violated the contract. 85 Ark. 596, 599. 2. Damages for breach of contract cannot be measured by the loss of expected profits where the latter are uncertain and speculative and depend upon so many contingencies that their loss cannot be traced…
1Opinion of the CourtHart, J.
This is an action on contract brought by W. W. Oliver against F. W. Hurley and J. W. Ross, doing business under the firm name of Hurley & Ross, to recover damages for profits which he alleges he was prevented from earning by the defendants’ breach of the following contract:
“This agreement, made this eighth day of February 1907, by and between Hurley & Ross, of Brinkley, Monroe County, Ark., and W. W. Oliver, also of Brinkley, Monroe County, Arkansas.
“Witnesseth that, in consideration of the sum of $2.50 per cubic cord, the said Oliver agrees to saw, cull, split, sap and stack on yard oak…
2Cases cited5 opinions
- Spencer Medicine Co. v. HallSupreme Court of Arkansas · 1906
- Beekman Lumber Co. v. KittrellSupreme Court of Arkansas · 1906
- Roach v. RichardsonSupreme Court of Arkansas · 1907
- Ramsey v. CapshawSupreme Court of Arkansas · 1903
- White River Railway Co. v. Batesville & Winerva Telephone Co.Supreme Court of Arkansas · 1906
3Cited by10 opinions
- Ford Hardwood Lumber Co. v. ClementSupreme Court of Arkansas · 1911
- Sumlin v. WoodsonSupreme Court of Arkansas · 1947
- Archer-Daniels-Midland Company v. R. C. Paull, Virginia Paull and Paull's Hatchery, Inc.Court of Appeals for the Eighth Circuit · 1961
- Harrington v. BlohmSupreme Court of Arkansas · 1918
- Gregory v. WalkerSupreme Court of Arkansas · 1965
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