Welbourn v. Kee
Supreme Court of Arkansas
Appeal from Benton Circuit Court; Jos. S. Maples, Judge; 1. The court erred in its instructions to the jury. The- bond for $500 was not for liquidated damages, but was a penalty. Field on Damages, 153; 1 Sutherland on Damages, 480, 490; 7 Wheaton, 13; 122 Ark. 167; 73 Id. 432; 57 Id. 168. 2. Welborn was in no event liable except for actual damages, that is the loss of his (plaintiff’s) bargain which was easily proven. 85 Ark. 289; 111 Id 484; 91 Id. 433; 70 Am.
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Appeal from Benton Circuit Court; Jos. S. Maples, Judge; 1. The court erred in its instructions to the jury. The- bond for $500 was not for liquidated damages, but was a penalty. Field on Damages, 153; 1 Sutherland on Damages, 480, 490; 7 Wheaton, 13; 122 Ark. 167; 73 Id. 432; 57 Id. 168. 2. Welborn was in no event liable except for actual damages, that is the loss of his (plaintiff’s) bargain which was easily proven. 85 Ark. 289; 111 Id 484; 91 Id. 433; 70 Am. Dec. 453; 89 Id. 574; 48 Id. 775. 3. There was no breach of contract by appellant, but the breach was by appellee. The court in- its…
1Opinion of the CourtWood, J.
Appellant owned 365 acres of land in Mayes County, Oklahoma; appellee owned 80 acres of land in Benton County, Arkansas. They entered into a written contract by which appellant agreed to exchange 200 acres of his land for 80 acres owned by appellee. There was an encumberance on appellant’s land in the sum of about $9,000, and on appellee’s land in the sum of $3,500. Appellant agreed that he would assume the encumbrance on the land of appellee and appellee agreed that he would assume $5,000 of the encumbrance on appellant’s land. In pursuance of the agreement the parties took possession of…
2Cases cited2 opinions
- Williams v. GreenSupreme Court of Arkansas · 1854
- Westbay v. TerrySupreme Court of Arkansas · 1907
3Cited by2 opinions
- Robbins v. PlantSupreme Court of Arkansas · 1927
- Smith v. BeardSupreme Court of Arkansas · 1930