Smeltzer v. Tippin
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; STATEMENT BY THE COUBT. The plaintiff, George T. Tippin, brought this suit against M. F. H. Smeltzer and W. A. Steel to recover damages for a breach of warranty in the sale of certain strawberry plants. In November, 1909, the plaintiff leased from Tom Wallace for a period of eight years two hundred acres of land in Johnson County, Arkansas.
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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; STATEMENT BY THE COUBT. The plaintiff, George T. Tippin, brought this suit against M. F. H. Smeltzer and W. A. Steel to recover damages for a breach of warranty in the sale of certain strawberry plants. In November, 1909, the plaintiff leased from Tom Wallace for a period of eight years two hundred acres of land in Johnson County, Arkansas. A part of the lease was an old pasture with large trees but no underbrush on it. The plaintiff cleared this and decided to set it out in strawberry plants. The defendants were dealers in…
1Opinion of the Court
Hart, J.,
(after stating the facts). Defendants ask for a reversal of the judgment because the court erred in the admission of evidence as to the plaintiff’s damages and because the court adopted the wrong theory as to the measure of damages. The particular instruction complained of ds instruction numbered 3, which reads as follows:
“If you should find that defendants sold plaintiff Klondyke strawberry plants, but delivered some other kind you should find for plaintiff. If lands set in these plants so bought and delivered were less valuable as a strawberry investment than if set to Klondyke…
2Cases cited4 opinions
- Railway Co. v. YarboroughSupreme Court of Arkansas · 1892
- St. Louis, Iron Mountain & Southern Railway Co. v. AyresSupreme Court of Arkansas · 1900
- Railway Co. v. JonesSupreme Court of Arkansas · 1894
- Depew v. Peck Hardware Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- LA Green Seed Company of Arkansas v. WilliamsSupreme Court of Arkansas · 1969
- LA Green Seed Company of Arkansas v. WilliamsSupreme Court of Arkansas · 1969