Legal Opinion

Grist v. Lee

Supreme Court of Arkansas

Decided May 29, 1916PublishedCited by 4 opinions

Appeal from Logan Circuit Court, Northern District; James Cochran, Judge; 1. This was a suit upon a 'contract and it was error to allow testimony to show a tort by conversion .of the property.

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Appeal from Logan Circuit Court, Northern District; James Cochran, Judge; 1. This was a suit upon a 'contract and it was error to allow testimony to show a tort by conversion .of the property. One can not sue upon contract and recover in tort. 69 Ark. 209; 76 Id. 335; 64 Id. 213; 70 Id. 319, 325; 67 Id. 1; 49 Id. 94. The court improperly instructed the jury. 1. Whether the issue was one of contract or of tort, . the matter grew out of the same facts and could be plead in the same suit. Acts 1905; 83 Ark. 288; 86 Id. 130. 2. There is no error in the instructions. The answer does not deny…

1Opinion of the CourtSmith, J.

The complaint in this cause contained the following allegations: That on the 16th day of January, 1915, the defendant (appellant) entered into a contract with plaintiff (appellee) agreeing to purchase the interest and equity of plaintiff in a certain well drill and to pay therefor the- sum of, $250 and to assume ffhe payment of balance due. on said machine to the ■ Lester-Sicard Machine Company, of Fort Smith, in the sum of about $254. That defendant immediately took from the possession of plaintiff said machine and, as he is informed and believed, has paid said balance due on said machine to…

2Cases cited7 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. GillihanSupreme Court of Arkansas · 1906
  2. Kansas City Southern Railway Co. v. TonnSupreme Court of Arkansas · 1912
  3. Railway Co. v. StateSupreme Court of Arkansas · 1894
  4. Necklace v. WestSupreme Court of Arkansas · 1878
  5. Fluty v. School DistrictSupreme Court of Arkansas · 1886

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Nakdimen v. BakerCourt of Appeals for the Eighth Circuit · 1940
  2. Nakdimen v. BakerCourt of Appeals for the Eighth Circuit · 1938
  3. United States Automobile Co. v. DeshongSupreme Court of Arkansas · 1918
  4. McDonald v. HillSupreme Court of Arkansas · 1918

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