Marvell Light & Ice Co. v. General Electric Co.

• Decision Date: 11 February 1924
• Docket Number: (No. 158.)
• Citation: 259 S.W. 741
• Parties: MARVELL LIGHT & ICE CO. et al. v. GENERAL ELECTRIC CO.
• Court: Arkansas Supreme Court

Page 741

259 S.W. 741

MARVELL LIGHT & ICE CO. et al. v. GENERAL ELECTRIC CO.

(No. 158.)

Supreme Court of Arkansas.

February 11, 1924.

Rehearing Denied April 7, 1924.

Appeal from Circuit Court, Phillips County; J. M. Jackson, Judge.

Action by the General Electric Company against the Marvell Light & Ice Company and others. Judgment for plaintiff, and defendants appeal. Affirmed.

Bevens & Mundt, of Helena, for appellants.

HUMPHREYS, J.

Appellee instituted suit in the circuit court of Phillips county against appellants to recover $735.99 for machinery which it sold and delivered to them to be used in the construction of an ice plant.

Appellants filed an answer admitting the purchase of the machinery and the correctness of the claim, but, by way of counterclaim, alleged special damages of $1,000 in lost profits on account of delay in delivering said machinery. The counterclaim is as follows:

"Further answering and by way of counterclaim the defendants charge and allege: That on the 28th day of August, 1919, they entered into a contract with the plaintiff for the purchase of the machinery for the purchase price of which the plaintiff now sues. That, under the terms of said contract, delivery of said machinery so purchased was to be made to the defendants on or before December 1, 1919. That, prior to the time of making said contract, the plaintiff was notified by the defendants of the purposes for which said machinery was bought, to wit, to run an ice factory, and the reason why delivery by the said contract date was necessary and of the special damages which would ensue to defendants in event plaintiff should breach said contract by failing to deliver said machinery on or before December 1, 1919, as aforesaid. That plaintiff, with full notice and knowledge as aforesaid of the special damages resulting to defendants for failure to deliver said machinery on the contract date aforesaid, and, after an implied promise of plaintiff to defendants, to assume liability for said special damages, the plaintiff wantonly and without reason or valid excuse breached said contract by delaying shipment of said machinery so that the same instead of reaching defendants on December 1, 1919, did not reach defendants until the 13th day of May, 1920. By reason of said breach of said contract the defendants were thus delayed in placing their ice factory in operation, and their loss in profits of said business by reason of plaintiff's said breach of contract was the sum of...