Graves v. Bodcaw Lumber Co.
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; Chas. W. Smith, Judge; 1. The answer presents a proper counter-claim or set-off to the cause of action either arising out of the contract or transactions set forth in the complaint, or connected with the subject-matter of the action. 124 Ark. 460; 71 Ark. 408; 84 Id. 218; 95 Id. 488; 102 Id. 367; 106 Id. 247; 186 S. W. 78; 129 Id. 1081; 105 Id. 256; 75 Id. 479, etc. 2. If not a proper subject of counter-claim, the claim of defendant is a…
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Appeal from Columbia Circuit Court; Chas. W. Smith, Judge; 1. The answer presents a proper counter-claim or set-off to the cause of action either arising out of the contract or transactions set forth in the complaint, or connected with the subject-matter of the action. 124 Ark. 460; 71 Ark. 408; 84 Id. 218; 95 Id. 488; 102 Id. 367; 106 Id. 247; 186 S. W. 78; 129 Id. 1081; 105 Id. 256; 75 Id. 479, etc. 2. If not a proper subject of counter-claim, the claim of defendant is a proper subject of set-off. The defendant’s claim is not for unliquidated damages, but for timber wrongfully cut, that can…
1Opinion of the Court
Wood, J.,
(after stating the facts). The judgment was correct. The appellant does not allege in his answer that the contemporaneous agreement set up by him and asked to be considered as a counter-claim or set-off against the appellee’s cause of action was evidenced by any agreement in writing, entered into at that time or at any subsequent time. Such allegations were essential to entitle him to the relief sought, for if such an oral agreement had been entered into in the negotiations looking to the settlement evidenced by the note, then all such oral agreements would be merged in the note, for…
2Cases cited3 opinions
- Martin v. ColeSupreme Court of the United States · 1881
- Izard v. Connecticut Fire InsuranceSupreme Court of Arkansas · 1917
- Ashley, Drew & Northern Railway Co. v. CunninghamSupreme Court of Arkansas · 1917
3Cited by11 opinions
- Farmers Cooperative Ass'n v. GarrisonSupreme Court of Arkansas · 1970
- Townsend v. Standard Industries, Inc.Supreme Court of Arkansas · 1962
- Harrower v. Insurance Co. of North AmericaSupreme Court of Arkansas · 1920
- Goodwin v. BakerSupreme Court of Arkansas · 1917
- Blodgett Construction Co. v. Watkins Lumber Co.Supreme Court of Arkansas · 1923
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