Boynton Land & Lumber Co. v. Dye
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Chickarsawba District; W. J. Driver, Judge; 1. The court erred in admitting evidence to show a supposed motive or intent on part of defendant for the breach of the contract. 113 Ind. 282-4; 70 Kans. 801; 70 Pac. 671; 90 U. S. (23 Wall.) 471, 480; 120 Ga. 606; 71 111. 540; 189 Mass. 124; 127 Mich. 548; 37 Hun. 519; 3 Grant (Pa.) 198; 130 Wise. 84 2. Instruction 18 as to the measure of damages was erroneous.
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Appeal from Mississippi Circuit Court, Chickarsawba District; W. J. Driver, Judge; 1. The court erred in admitting evidence to show a supposed motive or intent on part of defendant for the breach of the contract. 113 Ind. 282-4; 70 Kans. 801; 70 Pac. 671; 90 U. S. (23 Wall.) 471, 480; 120 Ga. 606; 71 111. 540; 189 Mass. 124; 127 Mich. 548; 37 Hun. 519; 3 Grant (Pa.) 198; 130 Wise. 84 2. Instruction 18 as to the measure of damages was erroneous. Loss of profits cannót be recovered. Nor did the court enumerate the elements of damages nor fix a criterion by which the jury could fix the profits.…
1Opinion of the CourtHart, J.
' Appellee entered into a contract with, appellant whereby he was to cut and haul timber to appellant’s mill from a certain tract' of land near it for a stipulated price, and this action is instituted by him to recover damages for an alleged breach of the contract by appellant. The contract was made in March, 1914, and under it appellee was to receive the sum of $2.75 per thousand feet for the timber cut and hauled by him from the land to appellant’s railroad tracks, where the haul was a half of a mile or less and $3.25 per thousand where it exceeded a half of a mile. Appellee worked under…
2Cases cited9 opinions
- Grand Tower Co. v. PhillipsSupreme Court of the United States · 1874
- Moyer v. GordonIndiana Supreme Court · 1887
- People v. BoxerCalifornia Supreme Court · 1902
- Ford Hardwood Lumber Co. v. ClementSupreme Court of Arkansas · 1911
- Beekman Lumber Co. v. KittrellSupreme Court of Arkansas · 1906
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3Cited by2 opinions
- Harrison v. KellySupreme Court of Arkansas · 1947
- B-W Acceptance Corp. v. PolkSupreme Court of Arkansas · 1967