Marvell Light & Ice Company v. General Electric Company
Decision Date | 11 February 1924 |
Docket Number | 158 |
Parties | MARVELL LIGHT & ICE COMPANY v. GENERAL ELECTRIC COMPANY |
Court | Arkansas Supreme Court |
Appeal from Phillips Circuit Court; J. M. Jackson, Judge; affirmed.
Judgment affirmed.
Bevens & Mundt, for appellant.
The demurrer should have been overruled. It was a general demurrer raising only the question that the counterclaim did not state facts sufficient to constitute a cause of action. A complaint will not be set aside on demurrer, unless it be so fatally defective that, taking all the facts to be admitted the court can say they furnished no cause of action whatever. 159 Ark. 31. If a cause of action can reasonably be inferred from the allegations of the complaint, it is not subject to general demurrer. 93 Ark. 371. The proper mode of correction is by motion to make more definite and certain. 91 Ark. 400; 75 Ark. 64; 6 Ency. Pl. & Pr. 350; 31 Cyc. 289; 122 Ark. 141; 96 Ark. 163. Loss of profits as an element of damage has been approved by this court. 72 Ark. 275; 104 Ark. 215; 74 Ark 358. Full notice was given prior to the making of the contract that damages would result from delay. Where one is prevented from performing a contract by the fault of another he is entitled to recover the profits which the evidence makes it reasonably certain he would have made had the contract been carried out. 105 Ark. 421; 97 Ark. 522; 95 Ark. 363.
No brief for appellee.
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:
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