Hemingway v. Grayling Lumber Co.
Supreme Court of Arkansas
Appeal from Desha Circuit Court; W. B. Sorrells, Judge; I. The first ground of demurrer is not well taken. Former adjudication can only be put in issue by plea or answer.
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Appeal from Desha Circuit Court; W. B. Sorrells, Judge; I. The first ground of demurrer is not well taken. Former adjudication can only be put in issue by plea or answer. The rule is that in actions for damages, only such as have accrued at the time of trial of the suit can be awarded. 58 Ark. 622; 78 Id. 342. • 2. This action is based upon Kirby’s Digest, § 6291 and the second ground of demurrer should have been overruled. 58 Ark. 622; 78 Id. 342; 23 Cyc. 1175. The ease 83 Ark. 545 does not apply. The demurrer should have been overruled. No cause of action was stated. 23 Cyc. 1174; 58 Ark.…
1Opinion of the CourtKirby, J.
Appellant brought this suit-for damages for breach of a contract for hauling logs for appellees for the remainder of the year 1915, after February, which appellees agreed to have cut, and have ready for hauling during said period, and.agreed to pay the specified prices for a haul not exceeding one-fourth of a mile, and for all delivered which were hauled exceeding one-fourth but not exceeding one-half a mile, and for all which were hauled exceeding one-half but not exceeding three-fourths of a mile; and for all hauled over three-fourths but not exceeding one mile.
The complaint alleges that…
2Cases cited2 opinions
- Spencer Medicine Co. v. HallSupreme Court of Arkansas · 1906
- Reynolds v. JonesSupreme Court of Arkansas · 1896
3Cited by5 opinions
- JeToCo Corp. v. Hailey Sales Co.Supreme Court of Arkansas · 1980
- Nolan v. City of OwensboroCourt of Appeals for the Sixth Circuit · 1935
- St. Louis-San Francisco Railway Co. v. DavisSupreme Court of Arkansas · 1923
- Morgan v. Clinton State BankCourt of Appeals of Arkansas · 1995
- Republic Bond & Mortgage Co. v. DurrettSupreme Court of Arkansas · 1938