Whipple v. Baker
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; Alez M. Baker sued William G. Whipple, Mary S. Whipple and Durand Whipple, alleging that she rented a store from defendants and put in a stock of millinery, worth $2,000; that during her temporary absence Durand Whipple took possession of her store and offered her stock for sale, and permitted it to be injured, whereby it was damaged in the sum of $2,500. For a second cause of action she alleged that defendants…
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Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; Alez M. Baker sued William G. Whipple, Mary S. Whipple and Durand Whipple, alleging that she rented a store from defendants and put in a stock of millinery, worth $2,000; that during her temporary absence Durand Whipple took possession of her store and offered her stock for sale, and permitted it to be injured, whereby it was damaged in the sum of $2,500. For a second cause of action she alleged that defendants wrongfully caused plaintiff’s stock to be seized under attachment, whereby her credit was destroyed and her efforts to…
1Opinion of the CourtWood, J.
All the matters in controversy between the parties to this suit were compromised and settled by the agreement entered into November 6, 1905. The appellants performed the agreement on their part except the payment of the $47. This failure to pay the $47 did not authorize the appellee to treat the agreement as null and void, and to sue appellants as joint tort feasors for damages for the wrongs and injuries of which she complains in her complaint. Upon breach of the contract for compromise that had been partly performed by appellants, the remedy for appellee was to sue on the contract for…
2Cases cited1 opinion
- Love v. Van EverySupreme Court of Missouri · 1887
3Cited by11 opinions
- Armstrong v. Sacramento Valley R. Co.California Supreme Court · 1919
- St. Louis Southwestern Railway Co. v. MitchellSupreme Court of Arkansas · 1914
- Arkansas Valley Feed Mills, Inc. v. Fox De Luxe Foods, Inc.District Court, W.D. Arkansas · 1959
- Ledwidge v. Arkansas National BankSupreme Court of Arkansas · 1918
- Lyle v. Federal Union Insurance Co.Supreme Court of Arkansas · 1944
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