Dilley v. Thomas
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT. This suit was commenced on July 3,1911, by George E. Dilley, who resides in Palestine, Texas, and does business there under the name of George M. Dilley & Son, against the appellee, J. A. Thomas, to recover liquidated damag’es for the violation of a contract of sale of a lot of gin machinery, entered into by appellee with the appellant on the 21st day of April, 1911. The contract of sale…
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Appeal from Columbia Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT. This suit was commenced on July 3,1911, by George E. Dilley, who resides in Palestine, Texas, and does business there under the name of George M. Dilley & Son, against the appellee, J. A. Thomas, to recover liquidated damag’es for the violation of a contract of sale of a lot of gin machinery, entered into by appellee with the appellant on the 21st day of April, 1911. The contract of sale covered a two-story, Gullett, three seventy-saw gin system with the belts, bolts, pipes, pulleys, and fixtures belonging…
1Opinion of the Court
Smith, J.,
(after stating the facts). The court must n'ecessarily have found as a matter of law, from the facts stated, that the sum named in the contract was a penalty and not liquidated damages; and the first question is whether or not that finding was correct, and if that question is. answered affirmatively, a second question arises upon the action' of the court in directing a verdict after that finding had been made. •
The books are full of cases, where contracts calling for payment of what is demonimated “liquidated damages” have been construed by the courts to be mere penalties, and there…
2Cases cited6 opinions
- Nilson v. JonesboroSupreme Court of Arkansas · 1893
- Crutcher v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
- DeYampert v. JohnsonSupreme Court of Arkansas · 1891
- Western Union Telegraph Co. v. AubreySupreme Court of Arkansas · 1896
- Buckner v. RailwaySupreme Court of Arkansas · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McIlvenny v. HortonSupreme Court of Arkansas · 1957
- Bass v. StarnesSupreme Court of Arkansas · 1913
- Manhattan Credit Co. v. SkirvinSupreme Court of Arkansas · 1958
- Fulkerson v. Western Union Telegraph Co.Supreme Court of Arkansas · 1913
- Security Bank v. DavisSupreme Court of Arkansas · 1949
2 more not listed; retrieve them via the Exa API.