Johnson v. Inman
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; Thos. G. Trimble, Judge; 1. The court erred in its instructions to the jury. It allowed appellee to recover for any prospective net profits appellee claimed. It assumed that the machinery was not in good repair when leased to appellee and that a failure to put the machinery in good repair was a breach of the contract.
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Appeal from Arkansas Circuit Court; Thos. G. Trimble, Judge; 1. The court erred in its instructions to the jury. It allowed appellee to recover for any prospective net profits appellee claimed. It assumed that the machinery was not in good repair when leased to appellee and that a failure to put the machinery in good repair was a breach of the contract. The court wholly ignored the defense of appellant that appellee had negligently managed and operated the machinery and thereby caused any loss occurring. The court tried the case on the wrong theory. 29 Cyc. 507, 510-11. If the crop was…
1Opinion of the CourtHumphreys, J.
Appellee, a tenant of appellant, brought suit against him in the Arkansas Circuit Court to recover a balance of $85.11 on open account, and $3,109.40 as damages to the rice crop on account of an alleged breach of covenant by appellant to repair the machinery used in pumping water on the rice fields. Appellant denied the material allegations in the complaint; charged that the loss or damage to the rice crop on account of a shortage of water was due to the careless and negligent operation of the pumping plant by appellee, and claimed a judgment over against appellee on open account of $118.44.
Th…
2Cases cited1 opinion
- Young v. BermanSupreme Court of Arkansas · 1910
3Cited by8 opinions
- Boswell v. GillettSupreme Court of Arkansas · 1956
- Archer-Daniels-Midland Company v. PaullDistrict Court, W.D. Arkansas · 1960
- 555 Inc. v. LemingSupreme Court of Arkansas · 1932
- Childress v. TysonSupreme Court of Arkansas · 1940
- Ashmore v. HaysSupreme Court of Arkansas · 1923
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