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All-Ways Logistics, Inc. v. USA Truck, Inc., No. 08-1054

By FindLaw Staff on October 01, 2009 | Last updated on March 21, 2019

In a breach of contract action arising out of a commission agreement entered into by the parties, judgment for plaintiff is affirmed where: 1) the affirmative defense of waiver of breach by acceptance of benefits did not apply; 2) the agreement was unambiguous in its treatment of different accounts as separate, and thus the district court did not need to submit the issue of severability to the jury; 3) the district court properly awarded plaintiff prejudgment interest because a method existed for calculating plaintiff's damages at the time of the loss; and 4) fee awards based in part on a contingency agreement are permissible under Arkansas law.

Read All-Ways Logistics, Inc. v. USA Truck, Inc., No. 08-1054

Appellate Information

Filed October 1, 2009


Opinion by Judge Bowman

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