Bunch v. Potts
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Robert J. Rea, Judge. On March 4, 1890, T. H. Bunch, a commission merchant at Rittle Rock, Ark., sued Potts Bros., of St. Paul, Minn., before a justice of the peace to recover for a loss caused by defendants’ failure to comply with their contract to deliver two car-loads of potatoes; and alleged his damages to be $150. He caused an attachment to be levied on the potatoes in the hands of the railway company as the property of defendants.
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Appeal from Pulaski Circuit Court. Robert J. Rea, Judge. On March 4, 1890, T. H. Bunch, a commission merchant at Rittle Rock, Ark., sued Potts Bros., of St. Paul, Minn., before a justice of the peace to recover for a loss caused by defendants’ failure to comply with their contract to deliver two car-loads of potatoes; and alleged his damages to be $150. He caused an attachment to be levied on the potatoes in the hands of the railway company as the property of defendants. At the trial defendants made a counterclaim for the purchase price of 1200 bushels of potatoes at thirty cents per bushel,…
1Opinion of the CourtMansEieed, J.
The claim of the plaintiff, Bunch, was for damages alleged to have been sustained through the failure of the defendants, Potts Bros., to ship the potatoes within the time contemplated by the contract. The promise of the defendants was to ship as soon as the weather would permit them to do so without exposing the potatoes to the danger of freezing ; and it is not entirely clear from the record that the trial court has found that there was any avoidable delay in making the shipment. But construing the conclusions of fact stated in the bill of exceptions to embrace a finding that there was such…
2Cases cited8 opinions
- Warren v. StoddartSupreme Court of the United States · 1882
- Western Union Telegraph Co. v. ShortSupreme Court of Arkansas · 1890
- Whitesides v. KershawSupreme Court of Arkansas · 1884
- Glasscock v. RosengrantSupreme Court of Arkansas · 1892
- Texas & St. Louis Railway v. HallSupreme Court of Arkansas · 1884
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3Cited by4 opinions
- State v. RosenbergerSupreme Court of Missouri · 1908
- Kilgore Lumber Co. v. ThomasSupreme Court of Arkansas · 1910
- Rose v. ChristinetSupreme Court of Arkansas · 1906
- Continental Grain Co. v. Simpson Feed Co.District Court, E.D. Arkansas · 1951