Laser v. Forbes
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Calvin T. Gotham-, Judge; In 95 Ark. 580 it was held that appellee could not recover the price paid on the blocks and hold the blocks too, but only the damages sustained. No approximate amount of damages to the $1,500 awarded was shown, nor the lots proved to be worthless. No damages were shown, and the findings of the court are totally unsupported by any evidence.
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Appeal from Garland Circuit Court; Calvin T. Gotham-, Judge; In 95 Ark. 580 it was held that appellee could not recover the price paid on the blocks and hold the blocks too, but only the damages sustained. No approximate amount of damages to the $1,500 awarded was shown, nor the lots proved to be worthless. No damages were shown, and the findings of the court are totally unsupported by any evidence. Plaintiff amended his complaint and prayed to rescind on remand of this cause. 95 Ark. 580. The failure of one party to comply with a contract releases the other. 60 Ark. 320; 64 Id. 228; 67 Id.…
1Opinion of the CourtKirby, J.
This is an action which was originally instituted to recover damages for the alleged breach of a contract entered into by defendant whereby he had agreed to sell to plaintiff certain land in an addition to the city of Hot Springs and to make certain improvements thereon. A trial was had upon this action, resulting in a judgment in favor of plaintiff for damages, amounting to the purchase money which he had paid on the contract. The case was appealed to this court, and the judgment reversed on the ground that the measure of damages to which plaintiff was entitled upon the cause of action he…
2Cases cited10 opinions
- Eastern Arkansas Hedge Fence Co. v. TannerSupreme Court of Arkansas · 1899
- Berman v. ShelbySupreme Court of Arkansas · 1910
- Kansas City Southern Railway Co. v. TonnSupreme Court of Arkansas · 1912
- Missouri Pacific Railway Co. v. YarnellSupreme Court of Arkansas · 1898
- Harris Lumber Co. v. Wheeler Lumber Co.Supreme Court of Arkansas · 1908
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3Cited by4 opinions
- McMillan v. American Suburban Corp.Tennessee Supreme Court · 1916
- Voorhees v. BaierSupreme Court of Iowa · 1922
- Rodgers v. WiseSupreme Court of Arkansas · 1913
- Dillingham v. KahnSupreme Court of Arkansas · 1934