Little Rock Cooperage Co. v. Lanier
Supreme Court of Arkansas
Appeal from Howard Circuit Court; /. C. Pinnix, Special Judge; 1. Plaintiff was only required to prove by a preponderance of the evidence the contract sued on and a breach thereof; and when the defendants admitted the breach, the burden shifted to them to justify it. 102 S. W. 393. 2. An instruction which, in effect, tells the jury that if the plaintiff first violated the contract it can not recover is erroneous.
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Appeal from Howard Circuit Court; /. C. Pinnix, Special Judge; 1. Plaintiff was only required to prove by a preponderance of the evidence the contract sued on and a breach thereof; and when the defendants admitted the breach, the burden shifted to them to justify it. 102 S. W. 393. 2. An instruction which, in effect, tells the jury that if the plaintiff first violated the contract it can not recover is erroneous. Not every violation of a contract absolves the other party from performance, but only such a breach as may not be compensated for in damages. 26 Ark. 309; 2 Mechem on Sales, § 1067.…
1Opinion of the CourtWood, J.
The appellant, a domestic corporation, brought this suit against appellees, a partnership, to recover damages for an alleged breach of the following contract:
“Nashville, Ark., July 6, 1905.
“This agreement entered into on this 6th day of July, 1905, between L. N. Lanier & Company, of Mineral Springs, Arkansas, party of the first part, and the Little Rock Cooperage Company, of Miller County, party of the second part, witnesseth:
“That the party of the first part agrees to manufacture and deliver at cars at Fulton, Arkansas, on the St. Louis, I. M. & S. R. R. to the party of the second part six…
2Cases cited2 opinions
- Jowers v. PhelpsSupreme Court of Arkansas · 1878
- Harriman v. MeyerSupreme Court of Arkansas · 1885
3Cited by6 opinions
- Texas Co. v. Pensacola Maritime Corp.Court of Appeals for the Fifth Circuit · 1922
- Lanier v. Little Rock Cooperage Co.Supreme Court of Arkansas · 1909
- Southern Coal Co. v. Searcy Transfer Co.Supreme Court of Arkansas · 1922
- Indiana Lumbermen's Mutual Insurance v. Meyers Stave & Manufacturing Co.Supreme Court of Arkansas · 1924
- Continental Grain Co. v. Simpson Feed Co.District Court, E.D. Arkansas · 1951
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