Townes v. Oklahoma Mill Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; 1. The jury’s verdict on the facts will not be disturbed where there is evidence to support it, even though the evidence is conflicting. 3 Cyc. 348-351 and authorities cited. 2. Appellant cannot take advantage of self-invited error, nor be permitted to try his case in the lower court on one theory and upon a different theory in this court. 3 Cyc. 342, 343. 3. The jury were properly instructed that “if the failure…
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Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; 1. The jury’s verdict on the facts will not be disturbed where there is evidence to support it, even though the evidence is conflicting. 3 Cyc. 348-351 and authorities cited. 2. Appellant cannot take advantage of self-invited error, nor be permitted to try his case in the lower court on one theory and upon a different theory in this court. 3 Cyc. 342, 343. 3. The jury were properly instructed that “if the failure of the plaintiff to give defendant shipping directions in time to ship caused the failure in shipping the 1,000 sacks,…
1Opinion of the CourtMcCulloch, J.
This is an action instituted by appellant, J. M. Townes, against the Oklahoma Mill Company to recover damages for an alleged breach of the. latter’s contract to sell and deliver to him 1,000 sacks of bran. The jury returned a verdict against appellant, and he appealed to this court.
Substantially all of the material facts appear from the correspondence between the parties by mail and telegraph concerning the contract and the circumstances attending its non-fulfillment.
The .contract was for the sale of 3,000 sacks of bran to be delivered during the month of September, 1906, of which appellee…
2Cases cited1 opinion
- Graves v. MelioSupreme Court of Arkansas · 1907
3Cited by9 opinions
- Worthington v. WorthingtonSupreme Court of Arkansas · 1944
- Cantrell-Waind & Associates v. Guillaume Motorsports, Inc.Court of Appeals of Arkansas · 1998
- Dickinson v. McKenzieSupreme Court of Arkansas · 1939
- Harris v. HolderSupreme Court of Arkansas · 1950
- City of Whitehall v. Southern Mechanical Contracting, Inc.Court of Appeals of Arkansas · 1980
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