Carr v. Hahn & Carter
Supreme Court of Arkansas
Appeal from Lincoln Cliancery Court; John M. Elliott, Chancellor; 1. The damages allowed appellees' are speculative and no real damages were proven for the alleged breach of the contract. 57 Ark. 207. 2. The suit was, commenced within 90 days from the date of the delivery of the materials.
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Appeal from Lincoln Cliancery Court; John M. Elliott, Chancellor; 1. The damages allowed appellees' are speculative and no real damages were proven for the alleged breach of the contract. 57 Ark. 207. 2. The suit was, commenced within 90 days from the date of the delivery of the materials. Kirby’s Digest, § 4970; 51 Ark. 302. Plaintiff had a lien within the statute. 3. The jurisdiction of the court is settled by 126 Ark. 609. 4. In the sale of 'Second hand machinery there is no warranty as to quality. 104 Ark. 50. See also 204 Id. 582. 5. Speculative damages were allowed defendants in their…
1Opinion of the Court
McCULLOCH. C. J.
The plaintiff, David Carr, instituted this action in the chancery court of Lincoln County against Hahn & Carter, a co-partnership, to recover the sum of $4,000, alleged to be due for the purchase price of materials, fixtures, machinery, etc., sold and delivered to the defendants for use in the construction of a dredge boat in Hirsh Lake, Lincoln County, Arkansas, and to enforce a lien against the boat for the sum recovered.
The sale of the articles was under a written contract which ispeeified the price of $4,000, deducting therefrom the amount of a pre-existing account then…
2Cases cited6 opinions
- Wood v. KelseySupreme Court of Arkansas · 1909
- Anderson v. SeamansSupreme Court of Arkansas · 1887
- Harris Lumber Co. v. Wheeler Lumber Co.Supreme Court of Arkansas · 1908
- Marianna Hotel Co. v. Livermore Foundry & Machine Co.Supreme Court of Arkansas · 1913
- Duffie v. PrattSupreme Court of Arkansas · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Jones v. GreggSupreme Court of Arkansas · 1956
- Coppedge v. LeiserIdaho Supreme Court · 1951
- Standard Lumber Co. of Pine Bluff v. WilsonSupreme Court of Arkansas · 1927
- Crown Central Petroleum Co. v. Frick-Reid Supply Co.Supreme Court of Arkansas · 1927
- Powell v. Baker Ice Mach. Co.Court of Appeals for the Eighth Circuit · 1925
3 more not listed; retrieve them via the Exa API.