Rose v. Wynn
Supreme Court of Arkansas
APPEAL from Mississippi Circuit Court. Hon. J. Gr. Emerson, Circuit Judge. The instructions (especially the second) are too broad and misleading. Under them the jury might have found the amount he might have made at the hotel business, which is remote and speculative. 9 Ark., 891¡.; SO lb., 50; 8 Am. Law Reg,, 369 (A. S.); 71 Penn., 51; 5 Am. L. R. (N. 8.), 7LS. STATEMENT.
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APPEAL from Mississippi Circuit Court. Hon. J. Gr. Emerson, Circuit Judge. The instructions (especially the second) are too broad and misleading. Under them the jury might have found the amount he might have made at the hotel business, which is remote and speculative. 9 Ark., 891¡.; SO lb., 50; 8 Am. Law Reg,, 369 (A. S.); 71 Penn., 51; 5 Am. L. R. (N. 8.), 7LS. STATEMENT. English, C. J. This action was commenced the sixth of April, 1882, in the Circuit Court of Mississippi County, by J. B. Wynn against Martha Rose, for breach of a covenant for possession in a lease. The lease declared on was…
1Opinion of the Court
OPINION.
Though appellant was unavoidably prevented from delivering possession of the demised premises, in compliance with the terms of the lease, yet appellee was entitled to a verdict for some damages for breach of the contract on her part.
If loss upon the wood provided by appellee for the purpose of operating the hotel could be treated as actual damages, resulting directly from breach of the contract by appellant, appellee did not state what such loss was.
It seems the family of appellee consisted of himself, wife and mother-in-law.
The difference between the cost of boarding them for four…
2Cases cited3 opinions
- Green v. WilliamsIllinois Supreme Court · 1867
- Driggs v. DwightNew York Supreme Court · 1837
- Hughes v. HoodSupreme Court of Missouri · 1872
3Cited by15 opinions
- Herpolsheimer v. ChristopherNebraska Supreme Court · 1906
- Adrian v. RabinowitzSupreme Court of New Jersey · 1936
- Hannan v. DuschSupreme Court of Virginia · 1930
- Thomas v. CroomSupreme Court of Arkansas · 1912
- Obermeier v. MattisonOregon Supreme Court · 1920
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