Bates v. Ford
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Danville District; Hugh Basham, Judge; 1. There is no competent evidence to sustain the verdict.
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Appeal from Yell Circuit Court, Danville District; Hugh Basham, Judge; 1. There is no competent evidence to sustain the verdict. The burden was on the appellee to establish not only the breach of the contract by the defendants, but also that the market price of the timber left standing was at the time of the breach more than the contract price. 47 Ark. 519; 2 Ark. 397. 2. Difference in the value of the timber at the time of the breach and the contract price is the measure of damages. 39 Cyc. 2112-13-14, and authorities cited in notes 50, 51, 52, 53 and 60. Instruction 1 errs in not so…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by appellee against appellants to recover damages alleged to have been sustained by reason of breach of a contract for the sale of standing timber on certain tracts of land owned by appellants.
Appellants executed to appellee a written contract, whereby they agreed» to sell the pine and oak timber on said tracts of land for prices of $1.50 and $2 per thousand feet. The contract further specified that appellee should erect his sawmill at a railroad station near the lands, and that the timber should be paid for when sawed into lumber and loaded on cars at tbe…
2Cited by3 opinions
- Graves v. StateSupreme Court of Arkansas · 1922
- Citizens Coach Co. v. CollierSupreme Court of Arkansas · 1961
- Steele v. StateSupreme Court of Arkansas · 1937