Buckner v. Railway
Supreme Court of Arkansas
APPEAL from Washington Circuit Court in Chancery. J. M. Pittman, Judge. Plaintiffs, citizens of B'ayctteville, Arkansas, sued the defendant, the Pacific & Great Eastern Railway Company, in substance alleging that, by fraudulently and falsely representing itself to be solvent and able to build .a railroad, by promising to establish a depot and machine shops within the corporate limits of Fayetteville, and by promising within a stated period of time to construct and equip a…
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APPEAL from Washington Circuit Court in Chancery. J. M. Pittman, Judge. Plaintiffs, citizens of B'ayctteville, Arkansas, sued the defendant, the Pacific & Great Eastern Railway Company, in substance alleging that, by fraudulently and falsely representing itself to be solvent and able to build .a railroad, by promising to establish a depot and machine shops within the corporate limits of Fayetteville, and by promising within a stated period of time to construct and equip a railroad from B'ayetteville to the Madison county line, defendant procured from plaintiffs a conveyance of the right of…
1Per curiam
The action of plaintiffs could not be sustained as one for rescission. The parties could not be put in statu quo.
Had it been treated as an action for damages, the plaintiffs, upon the allegations contained in the complaint, would have been entitled to nominal damages only. There is no allegation of special damages. The use to which plaintiffs’ land was put was contemplated and intended by the parties at the time of the conveyance, and it is not charged that the injury resulted from a negligent construction of the work. This court will not reverse and remand a cause where appellant’s claim…
2Cited by5 opinions
- C & L Rural Electric Cooperative Corp. v. American Casualty Co.District Court, E.D. Arkansas · 1961
- Dilley v. ThomasSupreme Court of Arkansas · 1913
- Kelly v. FahrneyCourt of Appeals for the Eighth Circuit · 1899
- Floyd v. SkillernSupreme Court of Arkansas · 1915
- Howard v. Western Union Telegraph Co.Supreme Court of Arkansas · 1913