Koch v. Kimberling
Supreme Court of Arkansas
APPEAL from Logan Circuit Court. Hugh F. Thomason, Judge. • Kimberling brought suit against Koch before a justice of the peace to recover damages for breach of a verbal contract, entered into about January 1, 1890, by which Koch rented a blacksmith shop and set of tools to him during the year 1890 for one-half of the receipts. After plaintiff had worked in the shop two weeks under the contract, Koch rented the shop and tools to other parties.
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APPEAL from Logan Circuit Court. Hugh F. Thomason, Judge. • Kimberling brought suit against Koch before a justice of the peace to recover damages for breach of a verbal contract, entered into about January 1, 1890, by which Koch rented a blacksmith shop and set of tools to him during the year 1890 for one-half of the receipts. After plaintiff had worked in the shop two weeks under the contract, Koch rented the shop and tools to other parties. Judgment was recovered by plaintiff in the magistrate’s court and in the circuit court. I. The justice had no jurisdiction. 36 Ark., 268; ib.t 454; 31…
1Opinion of the CourtCockrill, C. J.
1. Jurisdiction of magistrates in matters of con-Justices of the peace have jurisdiction “in matters of contract” where the amount involved does-not exceed $300, Art. 7, sec. 40, const. 1874. The term “ matters of contract ” embraces a suit for unliquidated damages when the suit is founded upon contract. Stanley v. Bracht, 42 Ark., 210; St. Louis, etc. R. Co. v. Heath, 41 id., 477; Bullinger v. Marshall, 70 N. C., 520; B. & O. Telegraph Co. v. Lovejoy, 48 Ark., 301. The short written statement, filed before the justice in lieu of a complaint in this-cause, declares upon the contract alleged…
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