Gardenhire v. Smith
Supreme Court of Arkansas
APPEAL from Lawrence Circuit Court. Hon. R. H. Powell, Circuit Judge. 1. The law presumes every man capable of performing such contracts as he undertakes, in a proper manner. 7 Ark., 436. ' 2. The sixth instruction was erroneous. The value of a growing crop is too remote and uncertain, etc. (1 Sedgwick on Lam., 186.) It can not be proved that a crop would have been made; there are too many contingencies.
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APPEAL from Lawrence Circuit Court. Hon. R. H. Powell, Circuit Judge. 1. The law presumes every man capable of performing such contracts as he undertakes, in a proper manner. 7 Ark., 436. ' 2. The sixth instruction was erroneous. The value of a growing crop is too remote and uncertain, etc. (1 Sedgwick on Lam., 186.) It can not be proved that a crop would have been made; there are too many contingencies. (2b., p. 133, note.) Appellee could only recover the value of the crop at the time of the breach, if anything. 1 b., 133, note; 134, note, and 869; 73 N. G., 440 ; 34 Ark., 188, and eases…
1Opinion of the CourtEnglish, C. J.
The complaint in this case was filed in the office of the Clerk of the Circuit Court of Lawrence County on the third, and the writ issued' on the eleventh of May, 1880, returnable to the September term following. The substance of the complaint was, that the plaintiff, Samuel S. Smith, about the — day of-, 1880, made and entered into a verbal contract with defendant, BenjaminL. Gardenhire, in Lawrence County, on the terms and conditions, tenor and effect following :
Defendant agreed and bound himself by said contract with plaintiff, that he would furnish him about seventeen acres of good…
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