O'Connell v. Rosso
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court. Joe Rosso sued John O’Connell and H. P. Bradford, in Jefferson circuit court, and alleged that in April, 1888, he. contracted with defendants to take charge of the “Recreation Park” in Pine Bluff; that plaintiff, under the contract and agreement made between him and defendants, was to and did enter into possession of said park in April, 1888; that he was put into possession thereof under said agreement for the purpose of supplying visitors…
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Appeal from Arkansas Circuit Court. Joe Rosso sued John O’Connell and H. P. Bradford, in Jefferson circuit court, and alleged that in April, 1888, he. contracted with defendants to take charge of the “Recreation Park” in Pine Bluff; that plaintiff, under the contract and agreement made between him and defendants, was to and did enter into possession of said park in April, 1888; that he was put into possession thereof under said agreement for the purpose of supplying visitors with soda water, lemonade, ice cream, luncheon and other confections and articles usually kept in the line of…
1Opinion of the CourtCocKRiOL, C. J.
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It is not certain from the complaint whether the plaintiff intended to state a cause of action as for a breach of contract, or for a tort in the nature of trespass. The appellants, who were the defendants below, made no objection to the complaint on that score, but in their answer proffered an issue upon the breach of contract and the commission of the trespass. The objection now made to the charge of the court is that the complaint did not warrant any instruction as to exemplary damages, and that the expenses incurred by the plaintiff to carry out the contract…
2Cases cited3 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Carr v. StateSupreme Court of Arkansas · 1884
- Clark v. BalesSupreme Court of Arkansas · 1855
3Cited by4 opinions
- Chase v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1905
- O'BIER v. Safe-Buy Real Estate Agency, Inc.Supreme Court of Arkansas · 1974
- Cockrill v. ButlerU.S. Circuit Court for the District of Eastern Arkansas · 1897
- Deming v. Buckley's Art GalleryDistrict Court, W.D. Arkansas · 1961