FARMERS COOPERATIVE ASSOCIATION v. PHILLIPS

No. 5-4434.

422 S.W.2d 418 (1968)

243 Ark. 809

FARMERS COOPERATIVE ASSOCIATION, Inc., Appellant, v. Perry PHILLIPS, Appellee.

Supreme Court of Arkansas.

January 8, 1968.


Attorney(s) appearing for the Case

Crouch, Blair & Cypert, Springdale, for appellant.

Little, Enfield & Lawrence, Bentonville, for appellee.


GEORGE ROSE SMITH, Justice.

On February 25, 1964, the parties to this suit executed a written contract under which Phillips was to grow broilers for the Co-op during the remainder of the calendar year 1964. Phillips brought this action upon the theory that the Co-op had violated the contract by failing to supply him with a batch of 40,000 baby chicks in early October. Phillips asserted that he was unable to obtain chicks elsewhere until December, so that he lost the...

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