Grist v. Lee
Supreme Court of Arkansas
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.
Read the full summary
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
- St. Louis, Iron Mountain & Southern Railway Co. v. GillihanSupreme Court of Arkansas · 1906
- Kansas City Southern Railway Co. v. TonnSupreme Court of Arkansas · 1912
- Railway Co. v. StateSupreme Court of Arkansas · 1894
- Necklace v. WestSupreme Court of Arkansas · 1878
- Fluty v. School DistrictSupreme Court of Arkansas · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Nakdimen v. BakerCourt of Appeals for the Eighth Circuit · 1940
- Nakdimen v. BakerCourt of Appeals for the Eighth Circuit · 1938
- United States Automobile Co. v. DeshongSupreme Court of Arkansas · 1918
- McDonald v. HillSupreme Court of Arkansas · 1918