Gibney v. Turner
Supreme Court of Arkansas
APPEAL from Clark Circuit Court. R. D. Hearn, Judge. Turner sued Gibney & Patterson in a justice’s court upon an open account for $40, and on appeal to the Circuit Court, recovered judgment against them for $20.60, from which they have appealed.
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APPEAL from Clark Circuit Court. R. D. Hearn, Judge. Turner sued Gibney & Patterson in a justice’s court upon an open account for $40, and on appeal to the Circuit Court, recovered judgment against them for $20.60, from which they have appealed. On the trial the plaintiff testified that the defendants employed him to put upon their building a tin gutter, for which they agreed to pay him the sum of $40. That having furnished the necessary material, and made the gutter, he found that the defendant had let the job to another person, and he was not permitted to complete the contract. That the…
1Per curiam
Evidence : Damages: Breach of contract. The court did not err in excluding the testimony of Phillips; but error was committed in giving instruction No. 1, asked by plaintiff and amended by the court.
The rule in cases of this kind is that plaintiff, if he prove the existence of a contract for a specific sum, for the performance of specific work, is entitled for. the breach thereof by his employer to damages equal to the difference between the cost of the work and the price to be paid for it; the cost being the market value of the material on hand and the amount that would have been paid for…
2Cited by3 opinions
- Robertson v. CeolaSupreme Court of Arkansas · 1973
- McMahon v. Bryant Electric Co.Supreme Court of Connecticut · 1936
- Ramsey v. CapshawSupreme Court of Arkansas · 1903