Ward Furniture Manufacturing Co. v. Isbell
Supreme Court of Arkansas
Appeal from Sebastian Gircuit Court; Styles T, Rowe, Judge; STATEMENT BY THE COURT. This suit was brought by appellees against appellant to recover a balance of $686.48 alleged to be due appellees on lumber sold and delivered to appellant.
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Appeal from Sebastian Gircuit Court; Styles T, Rowe, Judge; STATEMENT BY THE COURT. This suit was brought by appellees against appellant to recover a balance of $686.48 alleged to be due appellees on lumber sold and delivered to appellant. The appellant answered denying any indebtedness to appellees, and by way of cross-complaint alleged: “That it entered into a contract with plaintiffs to buy between 60,000 and 100,000 feet of lumber from them, to be of what is termed No. 1 and No. 2 common grade, and to be air-dried from 60 days to 6 months; that certain lumber was shipped to it by…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The correspondence shows that appellant notified appellees promptly on receipt of the first carload of lumber that it did not comply with the contract as to age of lumber. Also, as the other cars were received, and after the last car was received, appellant notified appellees that it was “unable to find a car in the whole lot that came within the terms of the contract,” and that it “would not receive it until it was all sixty days old.” In answer to this letter appellees claimed that the lumber was according to contract except “a small amount.” Before the…
2Cases cited2 opinions
- Pope v. AllisSupreme Court of the United States · 1885
- Plant v. ConditSupreme Court of Arkansas · 1861
3Cited by16 opinions
- Forrest City v. OrgillSupreme Court of Arkansas · 1908
- Western Cabinet & Fixture Manufacturing Co. v. DavisSupreme Court of Arkansas · 1915
- Gay Oil Co. v. RoachSupreme Court of Arkansas · 1910
- Wallace v. RialesSupreme Court of Arkansas · 1950
- S. F. Bowser & Co. v. KilgoreSupreme Court of Arkansas · 1911
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