United States Auto Co. v. Arkadelphia Milling Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; O. W. Hendrichs, Judge; 1. The second contract superseded the first entered into October 30,1916. The contract was duly signed and it is not contended to be a forgery.
Read the full summary
Appeal from Pulaski Circuit Court, Third Division; O. W. Hendrichs, Judge; 1. The second contract superseded the first entered into October 30,1916. The contract was duly signed and it is not contended to be a forgery. The court erred in its instructions as to damages for loss of profits by breach of contract. 65 Mo. 534; 53 L. E. A. 33; 52 Id. 33; 78 Ala. 243; 78 Ark. 336; L. E. A. 1916 B, p. :836. 2. The court erred in refusing a new trial because the newly discovered evidence was material. 1. There never was but one contract entered into, as the second contract was never executed and was…
1Opinion of the Court
HART, J.,
(after stating the facts). It is insisted by counsel for appellant that the court erred in giving instruction No. 10, which is as follows:
“If you find for the plaintiff, the measure of damages will be the profits, shown to a reasonable certainty, which the plaintiff would have gained by virtue of carrying out the terms of their contract with the defendant, and by profits is meant the amount of the commissions on sales of cars, less the cost to plaintiff of effecting the sales.”(1) The subject of profits as damages is well recognized in the law and when the direct purpose of the…
2Cases cited7 opinions
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Alf Bennett Lumber Co. v. Walnut Lake Cypress Co.Supreme Court of Arkansas · 1912
- Morris v. RaymondSupreme Court of Arkansas · 1918
- Wilkes v. StacySupreme Court of Arkansas · 1914
- Harrelson v. Eureka Springs Electric Co.Supreme Court of Arkansas · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Calkins v. F. W. Woolworth Co.Court of Appeals for the Eighth Circuit · 1928
- F. Kiech Manufacturing Co. v. JamesSupreme Court of Arkansas · 1924
- Desoto Life Insurance Company v. JeffettSupreme Court of Arkansas · 1948
- Hethcox v. StewartSupreme Court of Arkansas · 1928