Rogers v. Robertson
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Southern District; George W. Clark, Judge; The court erred in giving the three instructions on its own motion. The court in effect instructed the jury that appellant Rogers did, fail to order out the cars and this, was erroneous and g’reatly prejudicial.
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Appeal from Prairie Circuit Court, Southern District; George W. Clark, Judge; The court erred in giving the three instructions on its own motion. The court in effect instructed the jury that appellant Rogers did, fail to order out the cars and this, was erroneous and g’reatly prejudicial. There is no evidence that any changes were made in the written contract by telephone or otherwise, but if so there was no new consideration for such change. 112 Ark. 165-223. 1. The instructions complained of are not properly in the record, as they are omitted in the bill of exceptions. 94 Ark.-147; 102 Id.…
1Opinion of the CourtHumphreys, J.
Appellant instituted suit against appellee in the Southern District of the Prairie Circuit Court to recover $812.50 damages for failure to ship him thirteen cars of No. 1 hay at $13.50 per ton. f. o. b. appellee’s loading track at Screeton, Arkansas, as per an alleged contract of date July 5, 1917.
Appellee answered, denying all the material allegations of the complaint and filed a cross-complaint, alleging that, on June 26,1917, he entered into a contract with appellant to sell him ten car loads of No. 1 hay at $13.50 per ton, f. o. b. Screeton, Arkansas, and on July 2, 1917, sold him an…
2Cited by1 opinion
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