American Hardwood Lumber Co. v. Milliken-James Hardwood Lumber Co.
Supreme Court of Arkansas
Appeal from Clark Circuit Court; George R. Hagnie, Judge; 1. A verdict should have been directed for defendant (1) because the uncontradicted evidence shows that more than one-third of the lumber was different from that ordered and that the shipment was promptly refused and plaintiff promptly notified and (2) the evidence shows that the contract was mutually rescinded. 13 Corp. Jur., sec. 4, p. 2634 et seq.; 47 Ark. 519; 57 Id. 257. The contract was rescinded. 2. A material…
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Appeal from Clark Circuit Court; George R. Hagnie, Judge; 1. A verdict should have been directed for defendant (1) because the uncontradicted evidence shows that more than one-third of the lumber was different from that ordered and that the shipment was promptly refused and plaintiff promptly notified and (2) the evidence shows that the contract was mutually rescinded. 13 Corp. Jur., sec. 4, p. 2634 et seq.; 47 Ark. 519; 57 Id. 257. The contract was rescinded. 2. A material part of the lumber was not shipped in compliance with the contract, and within a reasonable time defendant refused the…
1Opinion of the Court
HART, J.,
(after stating the facts). (1) It is earnestly. insisted by counsel for appellant that the court should have given a peremptory instruction for it. The court submitted to the jury under proper instructions the question of whether or not the lumber shipped came up to the grade specified in the contract and the jury decided that question in favor of appellee. Counsel for appellant concede that there was sufficient testimony to support the verdict in this respect, but claim that appellant was entitled to a directed verdict because the correspondence between the parties resulted in a…
2Cases cited1 opinion
- Deutsch v. DunhamSupreme Court of Arkansas · 1904
3Cited by3 opinions
- Sims v. MillerSupreme Court of Arkansas · 1922
- Markstein Bros. v. J. A. White & Co.Supreme Court of Arkansas · 1921
- W. Horace Williams Co. v. VandaveerCourt of Appeals of Texas · 1935