Parker v. Carter
Supreme Court of Arkansas
Appeal from Monroe Chancery Court; John M. Elliott, Chancellor; Where two written instruments,' constituting one transaction, are executed and delivered at the same time, they will be construed as one instrument. 34 Am.
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Appeal from Monroe Chancery Court; John M. Elliott, Chancellor; Where two written instruments,' constituting one transaction, are executed and delivered at the same time, they will be construed as one instrument. 34 Am. Dec. 684; 47 Id. 335. Where a contract is prepared in writing, assented to and acted upon by both parties, though signed by only one of them, the other will not afterwards be permitted to deny the binding force of the contract. 104 Cal. 310; 42 Cal. 245; 30 Fed. 225; 77 Wis. 33; 125 Ind. 19; 24 N. E. 756; 130 111. App. 131; 129 111. 101. A suit could have been based on the…
1Opinion of the CourtFrauenthae, J.
The plaintiff, H. A. Parker, instituted this suit against the defendant, PI. A. Carter, on October 28, 1903, in the Monroe Circuit Court, alleging that the defendant was indebted to him in the sum of $887.87 upon a promissory note, and also alleging that there was a long account existing between the parties, but giving no items and filing no statement of any account. He asked for judgment for $887.87.
The defendant filed an answer, in which he denied the execution of any note, and denied that he was indebted to plaintiff on any note or on any account, and pleaded the statute of limitations…
2Cases cited18 opinions
- Schmucker v. SibertSupreme Court of Kansas · 1877
- Midland Railway Co. v. FisherIndiana Supreme Court · 1890
- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
- McGuigan v. GainesSupreme Court of Arkansas · 1903
- Washington v. SoriaMississippi Supreme Court · 1896
13 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Biggs v. MaysCourt of Appeals for the Eighth Circuit · 1942
- Taylor v. MoreSupreme Court of Minnesota · 1935
- Orbeck v. AlfeiCourt of Appeals of Texas · 1925
- First National Bank of Berwyn v. RaymerSupreme Court of Oklahoma · 1937
- Smith v. MillsOregon Supreme Court · 1924
24 more not listed; retrieve them via the Exa API.