Kirchman v. Tuffli Bros. Pig Iron & Coke Co.
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; x. This action was brought, not to recover nominal damages only, but actual damages, and appellant was entitled to be apprised of what items the damages consisted, or in what way appellee had been damaged. The complaint should have been made more specific. ( 2. It was error to admit proof as to the decline in the market value of coke.
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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; x. This action was brought, not to recover nominal damages only, but actual damages, and appellant was entitled to be apprised of what items the damages consisted, or in what way appellee had been damaged. The complaint should have been made more specific. ( 2. It was error to admit proof as to the decline in the market value of coke. There was no allegation in the complaint as to such decline, and this testimony came as a surprise. The motion for continuance on the ground of surprise should have been sustained. 22 Ark. 227; 3 Ark.…
1Opinion of the CourtFrauenthal, J.
This is an action instituted by the appellee against the appellant to recover damages for an alleged breach of contract. The complaint, in substance, alleged that on July 29, 1907, the appellant entered into a contract with appellee for the purchase of “six cars of 72-hour economy foundry coke," to be shipped to appellant between that date and July 1, 1908, as called for, at $8.95 per ton of 2,000 pounds f. o. b. cars, at Van Burén, Arkansas; that at the request of appellant one car of said coke was shipped on October 2, 1907, and that thereafter the appellant countermanded the order, and…
2Cases cited6 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- White v. McCrackenSupreme Court of Arkansas · 1895
- Roehm v. HorstCourt of Appeals for the Third Circuit · 1898
- Glasscock v. RosengrantSupreme Court of Arkansas · 1892
- Nelson v. HirschbergSupreme Court of Arkansas · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Mutual Life Insurance Co. v. MarshSupreme Court of Arkansas · 1933
- Aetna Life Ins. Co. v. DavisSupreme Court of Arkansas · 1933
- Clear Creek Oil & Gas Co. v. BushmaierSupreme Court of Arkansas · 1924
- Nakdimen v. First National BankSupreme Court of Arkansas · 1928
- Quaile & Co. v. William Kelly Milling Co.Supreme Court of Arkansas · 1931
11 more not listed; retrieve them via the Exa API.