Wood v. Kelsey
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Appellant brought suit against appellee before a justice of the peace of Miller County for $300, alleged to be due appellant on contract for rent of a sawmill, and caused attachment to be is’ sued therein. He recovered judgment in the justice’s court, and appellee appealed to the circuit court.
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Appellant brought suit against appellee before a justice of the peace of Miller County for $300, alleged to be due appellant on contract for rent of a sawmill, and caused attachment to be is’ sued therein. He recovered judgment in the justice’s court, and appellee appealed to the circuit court. On the trial in the circuit court, appellant testified that appellee was due him $300 for rent of the mill for three months, from December 15 to March 15, at the rate of $100 per month. Appellee then introduced the…
1Opinion of the CourtWood, J.
(after stating the facts). I. When the various paragraphs of this contract are considered together, as they must be, it will be seen that they refer to the subject-matters of the sale of the timber and of the leasing of the mill in such a manner as to show that its various provisions are interdependent and preclude all idea of the divisibility of the contract. Construing the contract as a whole, its provisions indicate that it was the intention of the parties that there should be a sale of the timber mentioned, and also the use of the mill mentioned for the purpose of “sawing said timber into…
2Cases cited5 opinions
- Goddard v. FosterSupreme Court of the United States · 1873
- Ish v. Morgan, McRae & Co.Supreme Court of Arkansas · 1886
- Haney v. CaldwellSupreme Court of Arkansas · 1879
- Ex parte HodgesSupreme Court of Arkansas · 1866
- Matter of the N.Y.C.R.R. Co.New York Court of Appeals · 1872
3Cited by34 opinions
- Arlington Hotel Co. v. RectorSupreme Court of Arkansas · 1916
- Paepcke-Leicht Lumber Co. v. TalleySupreme Court of Arkansas · 1913
- Ford Hardwood Lumber Co. v. ClementSupreme Court of Arkansas · 1911
- Fort Smith Light & Traction Co. v. KelleySupreme Court of Arkansas · 1910
- Brown & Hackney v. DaubsSupreme Court of Arkansas · 1919
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