Ramsey v. Capshaw
Supreme Court of Arkansas
Appeal from Monroe Circuit Court. George M. Chapline, Judge. STATEMENT BY THE COURT. J. J. Ramsey & Brother commenced an action of replevin in the Monroe circuit court against W. A. Capshaw to recover the possession of certain sawmill machinery, of which they alleged he held unlawful possession.
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Appeal from Monroe Circuit Court. George M. Chapline, Judge. STATEMENT BY THE COURT. J. J. Ramsey & Brother commenced an action of replevin in the Monroe circuit court against W. A. Capshaw to recover the possession of certain sawmill machinery, of which they alleged he held unlawful possession. The defendant answered and alleged: "(1.) That the plaintiffs are not the owners of the property described in' the complaint, nor are the plaintiffs entitled to the possession thereof; and denies any knowledge or information of such ownership sufficient to form a belief; denies that he -is in unlawful…
1Opinion of the Court
Battle, J.,
(after stating the facts). The loss of profits sustained by appellee on account of the failure of appellants to perform their contract with him was the direct result of such non-performance, was reasonably within the contemplation of the parties, and was sufficient to defeat appellant’s right to recover in this action, provided the same was equal to or exceeded the amount due on the notes given for the property in controversy. Ames Iron Works v. Rea, 56 Ark. 450; Gibney v. Turner, 52 Ark. 117; Railway Co. v. Beard, 56 Ark. 309, and 60 Ark. 151.
Appellants say that “it was error to…
2Cases cited4 opinions
- Ames Iron Works v. ReaSupreme Court of Arkansas · 1892
- Gibney v. TurnerSupreme Court of Arkansas · 1889
- Railway Co. v. BeardSupreme Court of Arkansas · 1892
- Railway Co. v. BeardSupreme Court of Arkansas · 1895
3Cited by10 opinions
- Cox v. SmithSupreme Court of Arkansas · 1911
- Peuser v. MarshAppellate Division of the Supreme Court of the State of New York · 1915
- Hurley v. OliverSupreme Court of Arkansas · 1909
- B. A. Stevens Co. v. WhalenSupreme Court of Arkansas · 1910
- Brownfield v. Dudley E. Jones Co.Supreme Court of Arkansas · 1911
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