Spencer Medicine Co. v. Hall
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Bdward W. Winfield, Judge; 1. The second instruction given at plaintiff’s request was erroneous, in charging the jury that any manifestation by defendant of an intention not to perform the contract authorized plaintiff to repudiate it. Nothing short of complete renunciation will suffice. 9 Cyc. 636, II, A. & B. 2. The court erred in giving plaintiff’s third instruction and in refusing the second asked by defendant.
Read the full summary
Appeal from Pulaski Circuit Court; Bdward W. Winfield, Judge; 1. The second instruction given at plaintiff’s request was erroneous, in charging the jury that any manifestation by defendant of an intention not to perform the contract authorized plaintiff to repudiate it. Nothing short of complete renunciation will suffice. 9 Cyc. 636, II, A. & B. 2. The court erred in giving plaintiff’s third instruction and in refusing the second asked by defendant. Profits he would have earned, had he continued, were an element of damage too uncertain for recovery. 1 Suth. Dam. § 692 Ib. § 694. “Where the…
1Opinion of the CourtMcCulloch, J.
This is an action brought by appellee against appellant to recover commissions on sales of goods earned by him as traveling salesman of appellant, and for prospective commissions which he was prevented by wrongful discharge from earning under the following written contract:
“contract.
“Chattanooga, Tenn. December 29, 1902.
“We agree to pay Dan Hall fifty per cent, on sales amounting to $10,000, twenty per cent, of this sum to be spent by him in advertising and to pass through our office. Commissions due when orders are accepted. This contract terminates when the amount of $10,000 has been…
2Cases cited20 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
- Cutter v. GilletteMassachusetts Supreme Judicial Court · 1895
15 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Barnett v. Caldwell Furniture Co.Illinois Supreme Court · 1917
- Blumenthal v. BridgesSupreme Court of Arkansas · 1909
- Cloe v. RogersSupreme Court of Oklahoma · 1912
- Cox v. McLaughlinSupreme Court of Arkansas · 1993
- Ford Hardwood Lumber Co. v. ClementSupreme Court of Arkansas · 1911
27 more not listed; retrieve them via the Exa API.