Wood v. Planters' Oil Mill
Supreme Court of Arkansas
Appeal from Conway Circuit Court. Carroll Armstrong, Special Judge. statement by the court. This is a suit by the appellant to recover damages from the appellee for breach of contract in refusing to accept and pay for 100 tons of cotton seed sold by appellant to appellee at $17 per ton.
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Appeal from Conway Circuit Court. Carroll Armstrong, Special Judge. statement by the court. This is a suit by the appellant to recover damages from the appellee for breach of contract in refusing to accept and pay for 100 tons of cotton seed sold by appellant to appellee at $17 per ton. Appellee .answered, admitting the contract of purchase as alleged by plaintiff and the receipt of five tons of the seed, which it paid for, denied a breach of the contract bv it, and on counterclaim alleged a breach of the contract by appellant, and asked damages therefor. It appears that on October 16, 17, or…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The cause, as we view the undisputed proof, was presented to the jury upon an erroneous theory. The instructions for appellee were not grounded upon the undisputed evidence. The second instruction assumes that it was the duty of appellant to have exercised reasonable diligence to sell the seed “upon receipt of notice óf the defendant’s (appellee’s) refusal to accept them.” There is no contention, either in the pleadings or the proof on the part of appellee, that it refused to accept the seed in-a manner to breach the contract. It denies any breach, and…
2Cases cited1 opinion
- Fox v. DrewrySupreme Court of Arkansas · 1896
3Cited by2 opinions
- Bartlesville Oil & Improvement Co. v. HillSupreme Court of Oklahoma · 1911
- First Trust Co. v. CabrinhaHawaii Supreme Court · 1919