Bothe v. Morris
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. The appellant had a horse which he traded to appellee for his mare. Appellant brought this suit against appellee for breach of warranty, alleging that appellee warranted the mare to be sound at the time he exchanged his horse for her, but that the mare at the time was unsound, she having a disease known as the heaves; but that said disease was not at the time observable.
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Appeal from Arkansas Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. The appellant had a horse which he traded to appellee for his mare. Appellant brought this suit against appellee for breach of warranty, alleging that appellee warranted the mare to be sound at the time he exchanged his horse for her, but that the mare at the time was unsound, she having a disease known as the heaves; but that said disease was not at the time observable. He alleged that the mare he obtained in exchange was worthless; that his horse was worth $150. He set up that he had offered to return the…
1Opinion of the Court
Wood, J.,
(after stating the facts). The verdict of the jury shows that they resolved the issue in favor of the appellant. Having found in favor of the appellant, the uncontradicted evidence shows that his damage was much more than the sum of one dollar. There is no evidence therefore to sustain the verdict in that sum. The jury were not authorized to disregard the undisputed testimony in fixing the amount of the damage. The court therefore should have granted the appellant a new trial. The case is ruled in this respect by Carroll v. Texarkana Gas & Electric Company, 102 Ark. 137.
The judgment…
2Cases cited1 opinion
- Carroll v. Texarkana Gas & Electric Co.Supreme Court of Arkansas · 1912
3Cited by6 opinions
- Fulbright v. PhippsSupreme Court of Arkansas · 1928
- Smith v. Arkansas Power & Light Co.Supreme Court of Arkansas · 1935
- Krummen Motor Bus & Taxi Co. v. Mechanics' Lumber Co.Supreme Court of Arkansas · 1927
- Spring Creek Living Center v. SarrettSupreme Court of Arkansas · 1995
- McVay v. CowgerSupreme Court of Arkansas · 1982
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