Sager v. Jung & Sons Co.
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court, Northern District; W. B. Sorrells, Judge; The court erred in sustaining the demurrer on the ground that the damages to the rice crop were too remote and speculative.
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Appeal from Arkansas Circuit Court, Northern District; W. B. Sorrells, Judge; The court erred in sustaining the demurrer on the ground that the damages to the rice crop were too remote and speculative. The damages sought were special rather than general and were recoverable. 72 Ark. 275. They were not remote and speculative. 17 C. J. 715-716. This case is ruled by 136 Ark. 231. See, also, 24 R. C. L. 77; 35 Cyc. 643. 1. The court had no jurisdiction to render a judgment in personam. The service should have been quashed. 214 S. W. 1; 59 Ark. 593; 106 U. S. 350. The service is fatally…
1Opinion of the CourtWood, J.
Appellant brought this action against the appellee to recover damages for an alleged breach of contract. The appellant alleged that he had bought from the appellee two car loads of coal; that one of these cars was not according to the contract; that on that account appellant claimed a reduction of the purchase price; that appellant and appellee compromised their differences in the following manner: The appellant was engaged in growing rice on his farm in Arkansas County; he needed another oar of coal to keep his pump in operation. It was agreed that appellant would accept the disputed car of…
2Cases cited9 opinions
- Hooks Smelting Co. v. Planters' Compress Co.Supreme Court of Arkansas · 1904
- Foohs v. BilbySupreme Court of Arkansas · 1910
- St. L., I. M. & S. Railway Co. v. BarnesSupreme Court of Arkansas · 1879
- Midland Valley Railroad v. Hoffman Coal Co.Supreme Court of Arkansas · 1909
- Harrington v. BlohmSupreme Court of Arkansas · 1918
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bank of America, N.A. v. C.D. Smith Motor Co.Supreme Court of Arkansas · 2003
- Payne v. StocktonSupreme Court of Arkansas · 1921
- Chapman & Dewey Lumber Co. v. BryanSupreme Court of Arkansas · 1931
- Cummings v. Lord’s Art GalleriesSupreme Court of Arkansas · 1957
- J. C. Engleman, Inc. v. BriscoeSupreme Court of Arkansas · 1927
5 more not listed; retrieve them via the Exa API.