Harrington v. Blohm
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; Thos. G. Trimble, Judge; 1. . Appellant is not liable because the damages sued for are remote and speculative. 2. If appellee’s theory as to damages is correct then appellant is protected against them by the contract. 1 Suth. on Dam.
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Appeal from Arkansas Circuit Court; Thos. G. Trimble, Judge; 1. . Appellant is not liable because the damages sued for are remote and speculative. 2. If appellee’s theory as to damages is correct then appellant is protected against them by the contract. 1 Suth. on Dam. (3 Ed.) 140; 64 Ark.-510; 83 Id. 47; 122 Id. 23; 96 Id. 78; Johnson v. Inman, 134 Ark. 345; 59 Atl. 31; 104 Pac. 930; 28 S. E. 106; 4 S. W. 687; 73 S. E. 70; 12 L. R. A. 125; 18 Tenn. 20, 23, 26; 12 L. R. A. 125. The damages are not remote or speculative and the contract does not protect appellant from liability. 94 Ark. 471;…
1Opinion of the CourtSmith, J.
This cause was tried in the court below on an agreed statement of facts, from which we copy the following controlling recitals: The parties litigant contracted in writing for the cultivation of seventy-five acres in rice, and pursuant to this contract “the plaintiff entered upon the land described in the contract and plowed and seeded seventy-five acres of said land to rice, and did other work in connection with growing a rice crop, all of a reasonable value of $375.” That, in order to successfully raise a rice crop, it is necessary to drill a well and install a large amount of expensive…
2Cases cited5 opinions
- Ford Hardwood Lumber Co. v. ClementSupreme Court of Arkansas · 1911
- St. Louis Southwestern Railway Co. v. MorrisSupreme Court of Arkansas · 1905
- Hoffman v. Eastern Wisconsin Railway & Light Co.Wisconsin Supreme Court · 1908
- Hurley v. OliverSupreme Court of Arkansas · 1909
- Logan County v. RoadySupreme Court of Arkansas · 1892
3Cited by8 opinions
- Fairbanks, Morse & Co. v. AustinCourt of Appeals for the Ninth Circuit · 1923
- Sager v. Jung & Sons Co.Supreme Court of Arkansas · 1920
- Gibson v. Lee Wilson CompanySupreme Court of Arkansas · 1947
- McLeod, County Judge v. RichardsonSupreme Court of Arkansas · 1942
- Stebbins v. SeligCourt of Appeals for the Eighth Circuit · 1919
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