Marker v. East Arkansas Lumber Co.
Supreme Court of Arkansas
Appeal from Lawrence Chancery Court, Western District; Geo. T. Humphries, Chancellor; 1. In addition to the amounts allowed by the court below appellant is entitled to credit for $200 expended during the overflow and $90.50 for shingles lost. 2. ' On the counterclaim set up in the cross-bill appellee is liable for damages for failure to advance money to pay for logs necessary to keep the mill running, the profits on which would be $2,400. 3. Appellee breached the contract…
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Appeal from Lawrence Chancery Court, Western District; Geo. T. Humphries, Chancellor; 1. In addition to the amounts allowed by the court below appellant is entitled to credit for $200 expended during the overflow and $90.50 for shingles lost. 2. ' On the counterclaim set up in the cross-bill appellee is liable for damages for failure to advance money to pay for logs necessary to keep the mill running, the profits on which would be $2,400. 3. Appellee breached the contract and became liable for unliquidated damages by way of recoupment: 98 Ark. 125; 12 Id. 702; 16 Id. 103; 17 Id. 245; 27 Id.…
1Opinion of the CourtSmith, J.
Appellee brought suit to foreclose a mortgage which had been assigned to it by the Bank of Black Rock, and obtained a decree of foreclosure. Appellant filed an answer admitting the existence of the debt secured by the mortgage except certain items which were named, and, by way of counterclaim, alleged that he had been damaged in a large sum by reason of appellee’s failure to advance the money with which to acquire, in good weather, a supply of logs to be manufactured during the bad weather.
The parties made a contract under which appellant built a shingle-mill, and appellee agreed to take the…
2Cited by2 opinions
- Clear Creek Oil & Gas Co. v. BrunkSupreme Court of Arkansas · 1923
- Southern Pipe Coating, Inc. v. Spear & Wood Mfg. Co.Supreme Court of Arkansas · 1963