Reeves v. Romines
Supreme Court of Arkansas
Appeal from Fulton Circuit Court; J. B. Baker, Judge; 1. It was error to sustain the demurrer. The second amended complaint stated the proper measure of damages. 42 Ark 257; 75 Id. 589; 102 Id. 108; 110 Id. 504. 2. It is not necessary, on demurrer, to state or plead the measure of damages; 43 Ark 257; 102 Id. 108; 206 N. Y. 89; 149 Ky. 65; 143 Id. 233. 1. The complaint is bad on demurrer because it does not allege such a damage as the law allows. 42 Ark 257; 75 Id. 589; 102…
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Appeal from Fulton Circuit Court; J. B. Baker, Judge; 1. It was error to sustain the demurrer. The second amended complaint stated the proper measure of damages. 42 Ark 257; 75 Id. 589; 102 Id. 108; 110 Id. 504. 2. It is not necessary, on demurrer, to state or plead the measure of damages; 43 Ark 257; 102 Id. 108; 206 N. Y. 89; 149 Ky. 65; 143 Id. 233. 1. The complaint is bad on demurrer because it does not allege such a damage as the law allows. 42 Ark 257; 75 Id. 589; 102 Id. 108. 2. The court had no jurisdiction. 33 Ark. 633. STATEMENT OE EAOTS. W. M. Reeves brought this suit in the…
1Opinion of the Court
HART, J.,
(after stating the facts). In the case of Thomas v. Croom, 102 Ark. 108, the court held, that the measure of damages for a breach of an implied covenant for possession in a contract of lease is the difference between the fair rental valne of the demised premises and the rental price named in the lease; and that where the rental value is not proved, the lessee can recover only-nominal damages. In the case of McElvaney v. Smith, 76 Ark. 468, the court held that for an unlawful eviction a tenant is entitled to recover as damages whatever loss resulted to him as a direct and natural…
2Cases cited2 opinions
- McElvaney v. SmithSupreme Court of Arkansas · 1905
- Thomas v. CroomSupreme Court of Arkansas · 1912
3Cited by14 opinions
- Walgreen Co. v. WaltonCourt of Appeals of Tennessee · 1932
- Sumlin v. WoodsonSupreme Court of Arkansas · 1947
- Prince v. AlfordSupreme Court of Arkansas · 1927
- Dills v. CallowaySupreme Court of Oklahoma · 1935
- Basin Park Hotel Ass'n v. Arkansas Co.Supreme Court of Arkansas · 1922
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