Lamkins v. International Harvester Co.

207 Ark. 637, 182 S.W.2d 203 (1944)

Dawson, p. 72-73

 

Facts: Lamkins bought a tractor.He wanted lights on it.It wasnít delivered with lights and he didnít get the lights for a year.Lamkins was unable to work on a certain tract on his farm because he couldnít work at night; he sued for his lost profits.

 

Issue: Is the defendant liable for this crop loss?

 

Rule: In order for the defendant to be liable, there must be evidence that he tacitly agreed to risk liability for a crop loss of the size sustained.

 

Analysis: The court argues that the dealer neither made a contract to assume such liability, nor, based on the evidence, made a tacit agreement to do the same.

 

Conclusion: It is suggested that the court found that the defendant was not liable for the crop loss.

 

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