Arkansas Short Leaf Lumber Co. v. McInturf
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. It was error to refuse defendant’s instruction' No. 10. The true rule of damages is the difference between the contract price and the price at which the vendee could have obtained similar goods at the time and place mentioned in the contract. The party injured must make every reasonable effort to diminish or minimize the damages. 146 N. W. 422; 46 Kan. 192; 131 N. W. 559, 564; 84 Am.
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Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. It was error to refuse defendant’s instruction' No. 10. The true rule of damages is the difference between the contract price and the price at which the vendee could have obtained similar goods at the time and place mentioned in the contract. The party injured must make every reasonable effort to diminish or minimize the damages. 146 N. W. 422; 46 Kan. 192; 131 N. W. 559, 564; 84 Am. Dec. 330; 20 Id. 341; Benjamin on Sales, 887; 105 U. S. 709-717; 6 Am. St. 356; 81 Ark. 347. 2. The minds of the party never really met, and the…
1Opinion of the CourtSmith, J.
Appellee brought this suit to recover damages on account of the breach of an alleged contract for the sale of lumber. He alleged in his complaint that he and the appellant lumber company, hereinafter referred to as the company, entered into a contract on December 28,1916, whereby he purchased two cars of green white oak lumber with the further agreement that if the two cars should prove satisfactory the company would sell and deliver him 500,000 feet in all of such lumber at the prices shown in the following list, to be delivered on cars at the company’s mill at the rate of 100,000 feet per…
2Cases cited4 opinions
- Walnut Ridge Mercantile Co. v. CohnSupreme Court of Arkansas · 1906
- Hirsch v. Georgia Iron & Coal Co.Court of Appeals for the Sixth Circuit · 1909
- Allen v. NothernSupreme Court of Arkansas · 1915
- Coulter v. B. F. Thompson Lumber Co.Court of Appeals for the Sixth Circuit · 1906
3Cited by9 opinions
- Moore v. Ziba Bennitt & Co.Supreme Court of Arkansas · 1921
- Paragould v. Arkansas Light & Power Co.Supreme Court of Arkansas · 1926
- Continental Grain Co. v. Simpson Feed Co.District Court, E.D. Arkansas · 1951
- Batte Bros. v. BattleSupreme Court of Arkansas · 1919
- Joy Rice Milling Company v. BrownSupreme Court of Arkansas · 1925
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