Legal Opinion

Nelson v. Hirschberg

Supreme Court of Arkansas

Decided December 21, 1901PublishedCited by 5 opinions

Appeal from Lee Circuit Court. Hance N. Hutton, Judge. Compensation should be equal to the injury. Suth. Dam. 79; 41 Atl. 1092. Loss of profits and advantages is an element of damages. 7 Cush. 523; 115 Mass. 298; 14 Barb. 624; 26 Colo. 307; 16 N. Y. 494;-22 Barb. 590; 50 N. Y. 37; 71 N. Y. 133. A party who is ready to perform his part of a contract should recover what he would have made by performance. 21 Wend. 461; 7 Me. 51; 8 Pick. 13; 16 Pick. 196; 13 Sawyer, 516; 74 Wis.…

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Appeal from Lee Circuit Court. Hance N. Hutton, Judge. Compensation should be equal to the injury. Suth. Dam. 79; 41 Atl. 1092. Loss of profits and advantages is an element of damages. 7 Cush. 523; 115 Mass. 298; 14 Barb. 624; 26 Colo. 307; 16 N. Y. 494;-22 Barb. 590; 50 N. Y. 37; 71 N. Y. 133. A party who is ready to perform his part of a contract should recover what he would have made by performance. 21 Wend. 461; 7 Me. 51; 8 Pick. 13; 16 Pick. 196; 13 Sawyer, 516; 74 Wis. 425, Buie of damages: 49 Wis. 151; 52 Wis. 255; 59 Wis. 384; 67 Wis, 296; 63 Mich. 276; 51 Mich. 63; 26 Mich. 239; 14…

1Opinion of the CourtBattle, J.

H. Hirschberg commenced this action against Nelson & Dunham in the Lee circuit court on the 5th day of February, 1900, alleging in his complaint that “the defendants were indebted to him in the sum of $1,195 for money paid and advanced by him to defendants in different amounts from June 5, 1899, to September, 1899, upon a contract for the sale and delivery of lumber by defendants to plaintiff; that the contract was never performed by defendants; and that defendants refused to repay said suni of money to plaintiff.”

The defendants answered, denying that they were indebted. They admitted the…

2Cases cited2 opinions

  1. Glasscock v. RosengrantSupreme Court of Arkansas · 1892
  2. Morris v. CohnSupreme Court of Arkansas · 1891

3Cited by5 opinions

  1. Kirchman v. Tuffli Bros. Pig Iron & Coke Co.Supreme Court of Arkansas · 1909
  2. Russell Miller Milling Co. v. BastaschOregon Supreme Court · 1914
  3. Attridge v. SmithSupreme Court of Arkansas · 1912
  4. Tedford Auto Co. v. HornSupreme Court of Arkansas · 1914
  5. Epstein v. Buckeye Cotton Oil Co.Supreme Court of Arkansas · 1913

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