Rodgers v. Wise
Supreme Court of Arkansas
Appeal from Howard Circuit Court; Jeff T. Cowling, Judge; This court bas never beld that where one party violates a contract the other can also violate it and then sue and enjoy the benefits of the contract. In this case, if the facts at the time the suit was brought were not such as to entitle the appellee to prevail, he could not maintain the suit, and the court erred in refusing to instruct the jury to that effect.
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Appeal from Howard Circuit Court; Jeff T. Cowling, Judge; This court bas never beld that where one party violates a contract the other can also violate it and then sue and enjoy the benefits of the contract. In this case, if the facts at the time the suit was brought were not such as to entitle the appellee to prevail, he could not maintain the suit, and the court erred in refusing to instruct the jury to that effect. The suit was prematurely brought. 22 Ark. 572, 580; 39 Ark. 442, 447; 40 Ark. 545, 548; 85 Ark. 246. Appellant’s offer to return the books she had received and waive the…
1Opinion of the CourtSmith, J.
This action was begun in justice court on May 13,1912, and is founded upon the following contract:
April 2, 1910.
Wm. H. Wise & Co., Chicago, 111.
I hereby order, and agree to accept, one complete set of the art edition of the “Real America in Romance” in thirteen volumes, in full morocco binding, to be shipped prepaid, the first eight volumes on or about, at once, the last five as published, for which I agree to pay you, or your order, the sum of $59.50 as follows: Collect first payment $3, each month thereafter, beginning in May the snm of $3, until the full amount has been paid according to…
2Cases cited7 opinions
- Ferguson v. CarrSupreme Court of Arkansas · 1908
- Missouri Pacific Railway Co. v. YarnellSupreme Court of Arkansas · 1898
- Heise v. BumpassSupreme Court of Arkansas · 1883
- Hicks v. BrantonSupreme Court of Arkansas · 1860
- Jones v. DyerSupreme Court of Arkansas · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Dempsey v. LangtonMichigan Supreme Court · 1934
- Atlas Life Insurance Company v. WellsSupreme Court of Arkansas · 1933
- Brickey v. Continental Gin Co.Supreme Court of Arkansas · 1914
- Chas. F. Luehrmann Hardwood Lumber Co. v. Coats & GreenSupreme Court of Arkansas · 1920