Davis v. Bishop
Supreme Court of Arkansas
Appeal from Miller Circuit Court; G.eo. R. Haynie, Judge; The court erred in giving instruction No. 1 directing a verdict.
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Appeal from Miller Circuit Court; G.eo. R. Haynie, Judge; The court erred in giving instruction No. 1 directing a verdict. Even if the complaint alleged unequivocally and the proof showed that the cotton called for in the contract was to be raised by appellee and this crop' fell short the 81 bales, this would not relieve him from damages in the event the market price of the cotton exceeded the price mentioned in the contract. 6 R. C. L. 1001, § 367; 15 L. R. A. (N. S.) 833; L. R. A. 1917 A. 648; lb. 1916 F. 3; lb. 1917 C. 437. Appellee made no effort to show why he failed to raise the 300…
1Opinion of the CourtHart, J.
Geo. W. Davis & Company sued G. W. Bishop to recover damages which they alleged they sustained by reason of the breach of a contract by Bishop to sell and deliver to them a certain number of bales of cotton.
At the conclusion of the evidence, the court directed the jury to. return a verdict in favor of the defendant, and from the judgment rendered the plaintiffs have duly prosecuted an appeal to this court.
The only issue raised by the appeal is whether or not the trial court erred in directing a verdict for the defendant under the evidence adduced by the plaintiffs. Hence it will only be…
2Cases cited2 opinions
- Switzer v. Pinconning Manufacturing Co.Michigan Supreme Court · 1886
- Rice & Co. v. WeberAppellate Court of Illinois · 1893
3Cited by6 opinions
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- Barkemeyer Grain & Seed Co. v. HannantMontana Supreme Court · 1923
- Otto Seidenberg, Inc. v. TautfestOregon Supreme Court · 1937
- Butterworth v. TellierSupreme Court of Arkansas · 1932
- Williams Grain Company, Inc., a Corporation v. Leval & Company, Inc. (Now Louis Dreyfus Corporation), and Bunge CorporationCourt of Appeals for the Eighth Circuit · 1960
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