Legal Opinion

Kentucky Military Institute v. Cohen

Supreme Court of Arkansas

Decided November 12, 1917PublishedCited by 5 opinions

Appeal from Cleburne Circuit Court; J. I. Worthington, Judge; 1. This was a written contract and it was error to admit previous conversations and the court should have construed the contract and not the jury. 75 Ark. 162; 90 Id. 272; 89 Id. 239; 77 Id. 261. 2. The instructions given were erroneous. 80 Ark. 399; 47 Id. 54. 3: The second instruction asked by appellant should have been given.' 156 Ky. 380; 161 S. W. 206; 164 Id. 808; 112 N. Y. S.' 1089; 60 N. C. 217; 145 S. W.…

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Appeal from Cleburne Circuit Court; J. I. Worthington, Judge; 1. This was a written contract and it was error to admit previous conversations and the court should have construed the contract and not the jury. 75 Ark. 162; 90 Id. 272; 89 Id. 239; 77 Id. 261. 2. The instructions given were erroneous. 80 Ark. 399; 47 Id. 54. 3: The second instruction asked by appellant should have been given.' 156 Ky. 380; 161 S. W. 206; 164 Id. 808; 112 N. Y. S.' 1089; 60 N. C. 217; 145 S. W. 672; 40 Barb (N. Y.) 541; 69 N. Y. Supp. 985. See also, 56 Ark. 309; 60 Id. 603; 85 Id. 596. There was no breach of…

1Opinion of the CourtHumphreys, J.

Appellant brought suit against appellee in the Cleburne Circuit Court to recover a balance of $494.40 with interest, alleged to be due it under contract for attention, education and board of Ms son for the school year beginning September 14, 1915, and ending May 23,1916.

Appellee pleaded a breach of the contract on the part of appellant. The breach consisted in alleged references and acts by teachers and assistant teachers, which rendered the condition of his son intolerable, and humiliated him to such an extent that it was necessary to take him out of the institute, to appellee’s damage in…

2Cases cited2 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
  2. St. Louis, Iron Mountain & Southern Railway Co. v. CampbellSupreme Court of Arkansas · 1913

3Cited by5 opinions

  1. DeQueen & Eastern Railroad v. PigueSupreme Court of Arkansas · 1918
  2. Holton v. CookSupreme Court of Arkansas · 1930
  3. Peirce v. Peacock Military CollegeCourt of Appeals of Texas · 1920
  4. Wentworth Military Academy v. MarshallSupreme Court of Arkansas · 1955
  5. Seale v. BatesSupreme Court of Colorado · 1961

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