Westbrook Grain & Milling Co. v. Johnson
Supreme Court of Arkansas
Appeal from Chicot Circuit Court; Turner Butler, Judge; 1. The contract is simple and easily understood. Appellee admits his breach. It was error to admit testimony as to the value of such hay at other places than Pine Bluff.
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Appeal from Chicot Circuit Court; Turner Butler, Judge; 1. The contract is simple and easily understood. Appellee admits his breach. It was error to admit testimony as to the value of such hay at other places than Pine Bluff. The market value was shown to be $16. The damages were the difference between the contract price and the market price. 124 Ark. 148; 79 Id. 339; 88 Id. 557. 2. The verdict for nominal damages should be set aside, as the evidence justified an award of substantial damages. 103 Ark. 370; 102 Id. 137. 3. The defense set up by appellee was not a valid one and the court erred…
1Opinion of the CourtWood, J.
On February 16, 1917, Walter L. Johnson sold to the Westbrook Grain & Milling Co., of Pine Bluff, 140 tons of sample grade hay at $10 per ton, to be delivered, at Pine Bluff, and to be shipped ■ as fast as possible. Johnson delivered 64 tons of hay on the contract and failed to deliver the remainding 76 tons. The Westbrook Grain & Milling Co. (hereafter designated as appellant) brought this action against Johnson (hereafter designated appellee) and had a writ of garnishment issued against W. H. Sherrick. Appellant alleged that the hay was worth $16 per ton in Pine Bluff at the time appellee…
2Cases cited3 opinions
- Poe v. StateSupreme Court of Arkansas · 1910
- Scott v. MooreSupreme Court of Arkansas · 1909
- Brown v. Peoples BankSupreme Court of Arkansas · 1918
3Cited by2 opinions
- Moore v. Ziba Bennitt & Co.Supreme Court of Arkansas · 1921
- St. Louis-San Francisco Railway Co. v. A. B. Jones Co.Supreme Court of Arkansas · 1924