Kempner v. Cohn
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. F. T. Vaughan, Circuit Judge. 1. It was error to allow plaintiff the expenses of investigating the title, before he had definitely accepted the offer, i. e., abstract of title and attorney’s fee. Woods Mayne 011 Damages, sec. 2jj, */. 1 jo. It was also error to allow him for interest lost on his uninvested money.
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APPEAL from Pulaski Circuit Court. Hon. F. T. Vaughan, Circuit Judge. 1. It was error to allow plaintiff the expenses of investigating the title, before he had definitely accepted the offer, i. e., abstract of title and attorney’s fee. Woods Mayne 011 Damages, sec. 2jj, */. 1 jo. It was also error to allow him for interest lost on his uninvested money. The true rule as to the amount of damages recoverable in case of failure to conve)r, is the difference between the contract price and the actual value of the property at the date of contract of sale. 8 Am. Law Reg., JV. S., p. 370; Pringle v.…
1Opinion of the CourtSmith, J.
Cohn sued Kempner for the non-payment of an alleged agreement to convey a certain lot on Main street in the city of Little Rock. He claimed damages for the loss of his bargain, for expenses incurred in investigating the title, for the loss of interest upon the money which he had raised by the sale of interest-bearing securities in order to comply with the terms of purchase and which he had been unable immediately to reinvest to his satisfaction, and for the loss of a profitable lease of the lot which he had made on the faith of getting the lot.
The answer denied the existence of any contract…
2Cases cited8 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
- Pumpelly v. . PhelpsNew York Court of Appeals · 1869
- Maclay v. HarveyIllinois Supreme Court · 1878
- Crosby v. FitchSupreme Court of Connecticut · 1838
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3Cited by28 opinions
- Ferguson v. GreenSupreme Court of Arkansas · 1979
- Green v. FergusonSupreme Court of Arkansas · 1978
- In re B. & R. Glove Corp.Court of Appeals for the Second Circuit · 1922
- McDonald v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1906
- Romer v. LeynerSupreme Court of Arkansas · 1955
23 more not listed; retrieve them via the Exa API.