Ellis & Co. v. Farrell
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court; Chas. W. Smith, Judge; STATEMENT OP PACTS. J. J. Farrell sued T. J. Ellis & Company to recover damages for an alleged breach of contract for the sale by Ellis & Company to bim of certain steel rails.
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Appeal from Calhoun Circuit Court; Chas. W. Smith, Judge; STATEMENT OP PACTS. J. J. Farrell sued T. J. Ellis & Company to recover damages for an alleged breach of contract for the sale by Ellis & Company to bim of certain steel rails. Ellis & Company denied they had breached the contract and as a further defense to the action alleged that Farrell had failed to deliver to Meyer Katz five miles of 25-pound steel rails at Arkansas City, Arkansas, whereby Katz was damaged in the sum of $5,000, and that Katz had assigned and transferred this contract to them. On motion of the defendants the court…
1Opinion of the CourtHart, J.
(after stating the facts). It is first insisted by counsel for the defendants that the court erred in dismissing their set-off or counterclaim against Farrell. It will be remembered that the defendants alleged in their answer that Farrell had sold to Katz about five miles of steel rails at Arkansas City, and had failed to deliver them to Katz, to his damage in the sum of $5,000, and that Katz had assigned his claim against Farrell to them.
The court dismissed this part of the answer of the defendants, and it is insisted that this constituted error calling for a reversal of the judgment.
Counsel…
2Cases cited2 opinions
- Supreme Lodge Knights of Pythias v. RobbinsSupreme Court of Arkansas · 1902
- Lee Line Steamers v. CraigSupreme Court of Arkansas · 1914
3Cited by3 opinions
- Swisher v. StateSupreme Court of Arkansas · 1974
- Canadian Industrial Alcohol Co. v. NelsonSupreme Court of Delaware · 1936
- Hatfield Products & Cooperative Ass'n v. Mena Truck & Fruit Growers' Ass'nSupreme Court of Arkansas · 1924