Elmore v. Booth
Supreme Court of Arkansas
Appeal from Columbia Circuit ¡Court; Charles W. Smith, Judge; 1. The damages -claimed for the loss of cotton and extra time in running the gin and extra wood burned are too remote for recovery in this case. 72 Ark. 275. 2. -There oould have been no rescission of the contract except upon notice to the plaintiffs and setting the elevator aside. 53 Ark. 157.. Under the pleadings in this case the only defense was recoupment. The rules as to recoupment are well defined.
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Appeal from Columbia Circuit ¡Court; Charles W. Smith, Judge; 1. The damages -claimed for the loss of cotton and extra time in running the gin and extra wood burned are too remote for recovery in this case. 72 Ark. 275. 2. -There oould have been no rescission of the contract except upon notice to the plaintiffs and setting the elevator aside. 53 Ark. 157.. Under the pleadings in this case the only defense was recoupment. The rules as to recoupment are well defined. See 22 Ark. 244, 245; 53 Ark. 159. 3. The first instruction was erroneous in placing the burden on plaintiffs to show their right…
1Opinion of the CourtHill, C. J.
Elmore and Curry sold Booth and- Crumpler an elevator for the purpose of hoisting cotton from wagons to gins operated by them; and it was claimed by Booth and Cru-m-pler that there was a warranty to the effect that the elevator would properly feed two sixty-saw gins. Twenty-five dollars was paid on the purchase price, and notes were given for the balance, in which notes -title to. the elevator was reserved.
Suit was brought in justice’s c-ourt on the notes, and an affidavit for specific attachment was filed, the notes being attached as exhibits to the affidavit. After the case reached the…
2Cases cited2 opinions
- Hooks Smelting Co. v. Planters' Compress Co.Supreme Court of Arkansas · 1904
- DeLoach Mill Manufacturing Co. v. BonnerSupreme Court of Arkansas · 1897
3Cited by3 opinions
- WAWAK V. STEWARTSupreme Court of Arkansas · 1970
- Wawak v. StewartSupreme Court of Arkansas · 1970
- Wawak v. StewartSupreme Court of Arkansas · 1970