Black v. Hogsett
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; James Cochran, Judge; STATEMENT OE EAOTS. ■ This is an action in replevin by J. F. Black against B. H. Hogsett and Mrs. B. H. Hogsett to recover a soda fountain, two gas tanks, some show cases, and other articles mentioned in his complaint.
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Appeal from Crawford Circuit Court; James Cochran, Judge; STATEMENT OE EAOTS. ■ This is an action in replevin by J. F. Black against B. H. Hogsett and Mrs. B. H. Hogsett to recover a soda fountain, two gas tanks, some show cases, and other articles mentioned in his complaint. The defendants denied that the plaintiff was entitled to the possession of said property and by way of cross-complaint asked for damages for the wrongful taking of it by the plaintiff under his writ of replevin. According to the testimony -of the plaintiff, Black, he conducted a grocery and confectionery store at…
1Opinion of the CourtHart, J.
(after stating the facts). It is insisted by counsel for the plaintiff that the defendants are not entitled to recover at all; and that, if they are entitled to recover, the evidence is not sufficient to support the verdict. We can not agree with counsel in this contention.
The principle touching the question of profits as an element of damages is well settled. The rule is that where one party to a contract is prevented from performing the same by the fault of the other party, he is entitled to recover the profits which the evidence makes it reasonably certain he would have made, had the other…
2Cases cited5 opinions
- Kansas City Southern Railway Co. v. DavisSupreme Court of Arkansas · 1907
- Harmon v. FryeSupreme Court of Arkansas · 1912
- Choctaw & Memphis Railroad v. GosetSupreme Court of Arkansas · 1902
- Streudle v. LeroySupreme Court of Arkansas · 1916
- Western Union Telegraph Co. v. DukeSupreme Court of Arkansas · 1913
3Cited by27 opinions
- Jim Halsey Co., Inc. v. BonarSupreme Court of Arkansas · 1985
- Hoffer Oil Corporation v. CarpenterCourt of Appeals for the Tenth Circuit · 1929
- Osborne v. StateSupreme Court of Arkansas · 1963
- Calkins v. F. W. Woolworth Co.Court of Appeals for the Eighth Circuit · 1928
- Brown v. Homestake Exploration Co.Montana Supreme Court · 1934
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