Andrews v. Minter
Cases that cite this one
4 later published cases cite this decision.
- Darling Shops, Inc. v. Brack (8th Cir. 1938)
- Howell v. Duty (Ark. 1928)
- Wells Fargo & Co. Express v. Alexander (Ark. 1920)
- Thomas v. Croom (Ark. 1912)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
W. L. Minter rented from Lucinda Andrews a certain dwelling house and lot, in Bentonville, Ark., for six months from March 30, 1903, for which he agreed to pay $8.33 1-3 per month. He caused to be hauled and placed on the lot two loads of manure at a cost of $5. This was done with the knowledge and consent of Mrs. Andrews. She sold the house and lot, and refused to deliver him possession. He sued her for damages, and recovered $100.
He testified that the rental value of the house and lot was from $12 to $15 per month. Other witnesses, that it was less. The damage he was entitled to recover was the difference between the price he agreed to pay and the rental value. 3 Sutherland on Damages (3d Ed.), page 2578. He was entitled to recover on account of this difference, according to his own testimony, $22, and $5 for the manure, making $27.
If he will within one week remit $73, his judgment will be affirmed for $27 and 6 per cent, per annum interest from October 3, 1903, the date of his judgment, and costs of the trial court; otherwise, the judgment will be reversed, and "the cause remanded for a new trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.