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71 Ark. 408

Ramsey v. Capshaw

Supreme Court of Arkansas

Decided June 6, 1903

Supreme Court of Arkansas · decided 1903-06-06

George M. Chapline, Judge. STATEMENT BY THE COURT. J. J. Ramsey & Brother commenced an action of replevin in the Monroe circuit court against W. A. Capshaw to recover the possession of certain sawmill machinery, of which they alleged he held unlawful possession.

Relies on Ames Iron Works v. Rea · Railway Co. v. Beard · Gibney v. Turner

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1903-06-06

How this case has been cited

Cited by 9 later decisions — most recently October 1921

9 state decisions

60190319101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Battle, J.,

¶1(after stating the facts). The loss of profits sustained by appellee on account of the failure of appellants to perform their contract with him was the direct result of such non-performance, was reasonably within the contemplation of the parties, and was sufficient to defeat appellant’s right to recover in this action, provided the same was equal to or exceeded the amount due on the notes given for the property in controversy. Ames Iron Works v. Rea, 56 Ark. 450; Gibney v. Turner, 52 Ark. 117; Railway Co. v. Beard, 56 Ark. 309, and 60 Ark. 151.

¶2Appellants say that “it was error to admit testimony to prove that the purchase money was to be paid in a different way from what is shown on the face of the notes.” This testimony was not admitted for the purpose of varying or contradicting the contract evidenced by the notes, and did not do so. There were two contracts. One was made with the Southern Engine & Boiler Works, and is evidenced by the notes. The other was with the appellants, and is not in writing. The testimony was admissible to prove what it was.

¶3The evidence was sufficient to sustain the verdict of the jury.

¶4We find no error in the proceedings of the circuit court prejudicial to appellants.

¶5Judgment affirmed.

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