Wood v. Jones
Supreme Court of Arkansas
Appeal from Polk Circuit Court; James S. Steel, Judge; Appellant made a case for the -jury, testing tbe evidence in accordance with, the established rule of this court, and it was therefore error to direct the verdict for the defendant. 107 Ark. 158; 282 S. W. (Ark.) 23. The trial court in directing the verdict instructed them upon the weight of the evidence in telling them that the appellee had good cause for repudiating the contract. § 23 art. 7, Const.
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Appeal from Polk Circuit Court; James S. Steel, Judge; Appellant made a case for the -jury, testing tbe evidence in accordance with, the established rule of this court, and it was therefore error to direct the verdict for the defendant. 107 Ark. 158; 282 S. W. (Ark.) 23. The trial court in directing the verdict instructed them upon the weight of the evidence in telling them that the appellee had good cause for repudiating the contract. § 23 art. 7, Const. The instruction was wrong in principle in saying that appellant must show that appellee ¡abandoned the contract without good cause. The…
1Opinion of the CourtHumphreys, J.
This suit was treated by the parties as one, in effect, instituted by appellant against appellees in the Polk Circuit Court to recover $1000 as liquidated damages for the breach by appellees of a contract for the sale and purchase of a stock of merchandise owned by appellant and situated in Mena,' Arkansas, at the price of 15 per cent, above the cost and carriage of said goods. • It was alleged that each party delivered a check for $1000, payable to the other, to the Farmers’ & Merchants’ Bank, to cover the damages accruing to either in case the other refused to carry out the deal; that…
2Cases cited2 opinions
- Joyce v. McCordSupreme Court of Arkansas · 1916
- McGehee v. Yunker & RonkSupreme Court of Arkansas · 1919
3Cited by1 opinion
- Lammers v. American Southern Trust CompanySupreme Court of Arkansas · 1927