Jones v. Blythe
Supreme Court of Arkansas
Appeal from Logan Circuit Court, Northern District; James Cochran, Judge; 1. The instruction to the jury is a mistaken statement of the law.
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Appeal from Logan Circuit Court, Northern District; James Cochran, Judge; 1. The instruction to the jury is a mistaken statement of the law. It authorizes the jury to arbitrarily take into their own hands the entire business transaction and “settle the entire matter” independent of any representation or warranty, by determining what the harse»:| was worth and awarding to appellant or appellee the rdir-n ference between this value and the amount already'paid by appellee simply as a moral right. This is not the'law. The most that appellee can claim would be an offset to the amount of the…
1Opinion of the CourtMcCULLOCH, C. J.
Jones sued Blythe in replevin before a justice of the peace to recover possession of a stallion which he had sold to Blythe, and there was a balance of $200 unpaid on the purchase price, as evidenced by notes aggregating that amount, secured by a mortgage on the horse. The suit was instituted to recover possession of the horse for the purpose of foreclosing the mortgage. The trial before the justice of the peace resulted in a verdict in favor of the plaintiff, and an appeal was prosecuted to the circuit court.
Blythe pleaded, in defense, an alleged breach of warranty in the sale of the horse…
2Cases cited3 opinions
- Neal v. BrandonSupreme Court of Arkansas · 1905
- Smith v. GloverSupreme Court of Arkansas · 1918
- Kilgore Lumber Co. v. ThomasSupreme Court of Arkansas · 1910
3Cited by3 opinions
- Strode v. HollandSupreme Court of Arkansas · 1921
- Newlin v. WebbSupreme Court of Arkansas · 1921
- Blankenship v. McDanielSupreme Court of Arkansas · 1924