Brunson v. Teague
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; James Cochran, Judge; 1. The counter-claim set up damages for the breach of a separate and independent contract. No such right exists.' Kirby’s Digest, § 6099; 17 Ark. 245; 27 Id. 489; 3'2 Id. 281; 40 Id. 75; 48 Id. 396; 89 Id. 368; 55 Id. 312. * 2. No loss or damage is shown because the new ■dwelling and barn were not built, nor that if the ditch were dug the cultivation would have been less expensive.
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Appeal from Crawford Circuit Court; James Cochran, Judge; 1. The counter-claim set up damages for the breach of a separate and independent contract. No such right exists.' Kirby’s Digest, § 6099; 17 Ark. 245; 27 Id. 489; 3'2 Id. 281; 40 Id. 75; 48 Id. 396; 89 Id. 368; 55 Id. 312. * 2. No loss or damage is shown because the new ■dwelling and barn were not built, nor that if the ditch were dug the cultivation would have been less expensive. All these claims for damages arose out of separate and distinct contracts. 3. There was error in the court’s instructions. 1. No sufficient bill of…
1Opinion of the CourtHart, J.
L. J. Brunson sued Will Teague before a justice of the peace to recover $30, ten dollars of which was alleged to be due for the rent of two acres of land sewed in oats and the remaining twenty for two tons of alfalfa hay furnished him as supplies. There were no written pleadings but the defendant Teague, admitted owing the* plaintiff, Brunson, the amount sued for and set up as a counter-claim against plaintiff’s demand certain items which will be hereinafter stated, making a total of $300. The justice of the peace rendered judgment in favor of the defendant for $140 as a balance due him on…
2Cases cited11 opinions
- Rubens v. HillIllinois Supreme Court · 1904
- Young v. BermanSupreme Court of Arkansas · 1910
- Merchants' Fire Insurance v. McAdamsSupreme Court of Arkansas · 1908
- Darling v. DentSupreme Court of Arkansas · 1907
- McCurry v. HawkinsSupreme Court of Arkansas · 1907
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3Cited by6 opinions
- Noble v. TweedyCalifornia Court of Appeal · 1949
- McCord v. Bailey and MillsSupreme Court of Arkansas · 1938
- Simmons v. LuskSupreme Court of Arkansas · 1917
- Ashmore v. HaysSupreme Court of Arkansas · 1923
- Lee v. EllisSupreme Court of Arkansas · 1925
1 more not listed; retrieve them via the Exa API.