McMILLAN v. MEUSER MATERIAL & EQUIP. CO.

No. 76-21.

541 S.W.2d 911 (1976)

Joe McMILLAN, Appellant, v. MEUSER MATERIAL & EQUIPMENT CO., INC., Appellee.

Supreme Court of Arkansas.

Rehearing Denied November 1, 1976.


Attorney(s) appearing for the Case

Crouch, Blair, Cypert & Waters by Michael H. Mashburn, Springdale, for appellant.

Davis, Douglas & Penix, Springdale, for appellee.


HOLT, Justice.

The trial court, sitting as a jury, found appellant McMillan breached a contract to buy a bulldozer from appellee Meuser and assessed $2,700 as appellee's damages ($2,595 actual and $105 incidental). From that judgment comes this appeal.

On December 13, 1973, the parties entered into their agreement. The purchase price, including a bellhousing, was $9,825, f.o.b. Springdale. Meuser arranged transportation of the bulldozer to Greeley, Colorado...

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