Graham v. Jonesboro, Lake City & Eastern Railroad
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; J. F. Gautney, Judge; 1. Tbe contract involved here is not within the statute of frauds. 56 Ark. 629; 54 Ark. 202. 2. Neither is it a contract contrary to public policy.
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Appeal from Craighead Circuit Court, Jonesboro District; J. F. Gautney, Judge; 1. Tbe contract involved here is not within the statute of frauds. 56 Ark. 629; 54 Ark. 202. 2. Neither is it a contract contrary to public policy. The interests of the public are- in no wise injuriously affected thereby, and there is no proof whatever that the taking out of appellant’s spur track on the day that he commenced business was necessary for the interest or welfare of anybody, save possibly that of appellant’s competitor. 75 S. W. (Mo.) 915. 3. Tbe rule of mutuality applies only to executory contracts,…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by , appellants against appellee, the Jonesboro, Lake City & Eastern Eailroad Company, to recover damages on account of appellee’s alleged breach of its contract to maintain a spur track from the line of its railroad at Dell, Arkansas, to a cotton gin owned and operated by appellants at that place.
The alleged contract was not in writing, but was an oral one, according to the testimony, entered into between appellants and one of the officers of the railroad company. Appellants formerly operated a gin at Bar-field, but were seeking a new location, and claim that…
2Cases cited9 opinions
- Texas & Pacific Railway Co. v. MarshallSupreme Court of the United States · 1890
- Jones v. Newport News & M. V. Co.Court of Appeals for the Sixth Circuit · 1895
- Butler v. Tifton, Thomasville & Gulf Railway Co.Supreme Court of Georgia · 1905
- Railway Co. v. WhitleySupreme Court of Arkansas · 1891
- Friedman v. SchleuterSupreme Court of Arkansas · 1912
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3Cited by5 opinions
- Reed Oil Company v. CainSupreme Court of Arkansas · 1925
- McMillan v. Malvern Gravel Co.District Court, W.D. Arkansas · 1955
- Carroll v. JonesSupreme Court of Arkansas · 1963
- Philip A. Ryan Lumber Co. v. BallCourt of Appeals of Texas · 1917
- Kathy Roberts v. Unimin CorporationCourt of Appeals for the Eighth Circuit · 2018