DeLoach Mill Manufacturing Co. v. Bonner
Supreme Court of Arkansas
Appeal from Phillips Circuit Court. Hance N Hutton, Judge. The damages claimed in the counterclaim were too remote, contingent and uncertain, and the demurrer and motion to strike them out should have been sustained. 57 Ark. 203, and cases cited; 1 Sedgwick, Damages (2 Ed.), pp. 71-72; 2 Sedgwick, Damages, New Ed. 764, 741, p. 219; 21 Wend. 342; Tiedeman, Sales, 336; Benjamin, Sales, 1307; 58 Ark. 34; 7 Cush.
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Appeal from Phillips Circuit Court. Hance N Hutton, Judge. The damages claimed in the counterclaim were too remote, contingent and uncertain, and the demurrer and motion to strike them out should have been sustained. 57 Ark. 203, and cases cited; 1 Sedgwick, Damages (2 Ed.), pp. 71-72; 2 Sedgwick, Damages, New Ed. 764, 741, p. 219; 21 Wend. 342; Tiedeman, Sales, 336; Benjamin, Sales, 1307; 58 Ark. 34; 7 Cush. (Mass.) 516; 15 S. E. 940; 11 N. C. 92. Appellee had no claim for damages until he returned the defective parts of the machinery contracted for. 45 111. App. 313; S. C. 26 S. W. 267; 45…
1Opinion of the CourtBunn, C. J.
This is an action of replevin by the appellant company against appellee, J. C. Bonner, for the recovery of one DeLoaeh Variable feed single saw mill, attachments and extras, and one 56-inch solid circular saw. It appears that the appellant company, domiciled at Atlanta, Ga., had its agent at Little. Rock, this state, who, on the 2d of December, 1891, sold to Bonner the property aforesaid for the price of $390, one-fourth paid in cash, and the remainder in equal installments, payable in four, eight and twelve months, respectively, for which Bonner executed and delivered his several promissory…
2Cases cited3 opinions
- Fordyce v. MerrillSupreme Court of Arkansas · 1887
- Loudy v. ClarkeSupreme Court of Minnesota · 1891
- Trustees R. E. Bank v. WatsonSupreme Court of Arkansas · 1852
3Cited by3 opinions
- Evins v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1912
- Thompson v. BrazileSupreme Court of Arkansas · 1898
- Elmore v. BoothSupreme Court of Arkansas · 1907