Parker v. Twist
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court, First Division; 8. V. Neely, Special Judge; Parker was prevented from carrying out Ms contract by the interference of third parties who claimed to own the land upon which he was cutting timber. Under such circumstances it was the duty of Twist, the owner, to relieve the situation.
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Appeal from Crittenden Circuit Court, First Division; 8. V. Neely, Special Judge; Parker was prevented from carrying out Ms contract by the interference of third parties who claimed to own the land upon which he was cutting timber. Under such circumstances it was the duty of Twist, the owner, to relieve the situation. This he failed to do and Ms non-action amounted to a breach of the contract, relieving Parker from liability under Ms bond. 98 Ark. 160; 93 Ark. 447; 80 Ark. 228; 97 Ark. 522; 105 Ark. 421. The cases cited by appellants are not in point, ■ as under those cases the, contract was…
1Opinion of the CourtWood, J.
This is an action for damages brought by the appellee against the appellant Ben Parker, C. G. Barton and H. Fletcher to recover of Parker, the principal, and the others as sureties on his bond, for breach of contract. The appellee set up in substance that he was the owner of the land described in the contract, and that on the 22nd day of July, 1916, he entered into a contract with Parker whereby the appellee conveyed and sold to'Parker all the merchantable timber upon the 240 acres of land with the privilege of removing the same until the first day of November, 1917; that Parker agreed that…
2Cases cited1 opinion
- Ingham Lumber Co. v. IngersollSupreme Court of Arkansas · 1910
3Cited by1 opinion
- Dunaway v. RagsdaleSupreme Court of Arkansas · 1928