Ewing-Merkel Electric Co. v. Lewisville Light & Water Co.
Supreme Court of Arkansas
Appeal from LaEayette Chancery Court; J. M. Barker, Chancellor; The counterclaim does not arise out of the contract set forth in the complaint, nor is it connected with the subject of the action. 87 Ark. 166; 66 Ark. 400; 32 Ark. 281; 48 Ark. 396; 40 Ark. 75; 57 Ark. 606; Kirby’s Dig., § 6099. The statute is plain, and has been applied frequently. 22 Ark. 409; 27 Ark. 489; 55 Ark. 312; 57 Ark. 312; 60 Ark. 400. In a suit on contract damages cannot be set off. 27 Ark. 489; 30…
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Appeal from LaEayette Chancery Court; J. M. Barker, Chancellor; The counterclaim does not arise out of the contract set forth in the complaint, nor is it connected with the subject of the action. 87 Ark. 166; 66 Ark. 400; 32 Ark. 281; 48 Ark. 396; 40 Ark. 75; 57 Ark. 606; Kirby’s Dig., § 6099. The statute is plain, and has been applied frequently. 22 Ark. 409; 27 Ark. 489; 55 Ark. 312; 57 Ark. 312; 60 Ark. 400. In a suit on contract damages cannot be set off. 27 Ark. 489; 30 Ark. 50; 4 Ark. 527. Unliquidated damages is not a subject of set-off, even in equity. 1 Ark. 31; 29 Mich. 341; 3…
1Opinion of the CourtBattle, J.
Ewing-Merkel Electric Company, a corporation organized under the laws of' the State of Missouri, < sold to the Lewisville Light & Water Company, a corporation organized under the laws of the State of Arkansas, an alternating current generator complete and switch board transformers, for an electric light plant, for $1,150, all second-hand machinery, but guaranteed to be in strictly first-class order and in good operative condition. The sale was made under a written contract, dated May 10, 1904. The Lewisville Light & Water Company purchased of the Ewing-Merkel Electric Company sundry items of…
2Cases cited4 opinions
- North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
- Quick v. LemonIllinois Supreme Court · 1882
- Forbes & Bro. v. Cooper & Co.Court of Appeals of Kentucky · 1889
- Pickering v. KirkpatrickSupreme Court of Iowa · 1871
3Cited by14 opinions
- Hall v. Wilder Manufacturing Co.Supreme Court of Missouri · 1927
- Topas v. John MacGregor Grant, Inc.Court of Appeals for the Second Circuit · 1927
- Grimes v. BarndollarSupreme Court of Colorado · 1914
- Arcadia Knitting Mills, Inc. v. Elliott Manufacturing Co.Supreme Court of New Hampshire · 1937
- Benton v. Southern Engine & Boiler WorksSupreme Court of Arkansas · 1912
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