McDermott v. Kimball Lumber Co.
Supreme Court of Arkansas
Appeal from Ashley Circuit Court; H. W. Wells, Judge; 1. This case is ruled by 72 Ark. 141. Title does not pass while anything remains to be done to ascertain the quantity or price. Newmark on Sales, ch. 10, § 115; lb. § 227; lb. § § 9, 70, 294-5, 305; 89 S. W. 474 ; 28 Ky.
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Appeal from Ashley Circuit Court; H. W. Wells, Judge; 1. This case is ruled by 72 Ark. 141. Title does not pass while anything remains to be done to ascertain the quantity or price. Newmark on Sales, ch. 10, § 115; lb. § 227; lb. § § 9, 70, 294-5, 305; 89 S. W. 474 ; 28 Ky. Law Rep. 444, 657; 89 S. W. 648, 1130. 2. There is error in the court’s charge. 1. Whether a contract is executed or executory depends solely on the intention of the parties. 35 Cyc. 277. This question is settled by the verdict. 72 Ark. 141 is not in point, but 68 Ark. 307, is. A sale may be complete where such is the…
1Opinion of the CourtFrauenthal, J.
This is an action of replevin instituted by E. O. McDermott to recover a certain lot of lumber, said to be about 22,000 feet. It was instituted against J. M. and W. H. Cox and the Kimball Lumber Company, and the latter defendant alone made defense. The lumber was manufactured by said J. M. Cox, who owned and operated a sawmill situated about one mile from Cypress, a railroad station. It appears that said Cox was operating his sawmill in December, 1909, at Wilmot, and then traded with plaintiff, who was conducting a mercantile business at that place. He continued' doing business with plaintiff…
2Cases cited11 opinions
- Shaul v. HarringtonSupreme Court of Arkansas · 1891
- Chamblee v. McKenzieSupreme Court of Arkansas · 1876
- Lynch v. DaggettSupreme Court of Arkansas · 1896
- Lee Wilson & Co. v. Crittenden County Bank & Trust Co.Supreme Court of Arkansas · 1911
- Priest v. HodgesSupreme Court of Arkansas · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Chalmers & Son v. BowenSupreme Court of Arkansas · 1914
- Bank of Wynne & Trust Co. v. StaffordSupreme Court of Arkansas · 1917
- Securities Investment Co. of St. Louis v. WilliamsDistrict Court, E.D. Arkansas · 1960
- In re Shipley Stave & Lumber Co.District Court, E.D. Kentucky · 1939
- Allis-Chalmers Mfg. Co. v. GloverSupreme Court of Arkansas · 1962
3 more not listed; retrieve them via the Exa API.