Barry-Wehmiller Machinery Co. v. Thompson
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Joel D. Conway, Judge; This was an action on a contract subsequent to, separate and distinct from, the original contract.
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Appeal from Miller Circuit Court; Joel D. Conway, Judge; This was an action on a contract subsequent to, separate and distinct from, the original contract. If there was any failure on the part of appellant in the performance of the original contract, that failure affords no ground upon which to base a counterclaim in this action. 32 Ark. 284 ; 27 Ark. 489; 55 Ark. 312; Kirby’s Digest, § 6099; 40 Ark. 75; 22 Ark. 409. This controversy grows out of ¡the original contract, in which it was stipulated what machinery and supplies should be furnished to complete the elevator; and, in order to guard…
1Opinion of the CourtMcCuruoch, J.
This is an action instituted by appellant ■before a justice of the peace against appellee to recover the sum of $62.44 on account for the price of a pulley and belt which, it is alleged, had been sold and delivered on March 3, 1904. The defendant answered, denying said indebtedness and alleging that plaintiff had furnished said articles pursuant to the terms of a contract previously entered into between the parties whereby the plaintiff agreed to furnish ¡to defendant certain elevator machinery, including all necessary belts and pulleys, for the sum and price of $1,500, which the defendant…
2Cases cited6 opinions
- Hays v. McLainSupreme Court of Arkansas · 1899
- Hudson v. SnipesSupreme Court of Arkansas · 1882
- Chandler v. LazarusSupreme Court of Arkansas · 1892
- Pilsbury v. McNallySupreme Court of Arkansas · 1860
- Bloom v. Lehman, Newgass & Co.Supreme Court of Arkansas · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Goodrum v. Merchants & Planters BankSupreme Court of Arkansas · 1912
- Cox v. SmithSupreme Court of Arkansas · 1911
- Jones v. LewisSupreme Court of Arkansas · 1909
- Vance v. HeathUtah Supreme Court · 1912
- Doniphan, Kensett & Searcy Railroad v. Missouri & North Arkansas RailroadSupreme Court of Arkansas · 1912
12 more not listed; retrieve them via the Exa API.