Stillwell v. Paepcke-Leicht Lumber Co.
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court. George M. Chapeine, Judge. statement by the court. Appellant, who was the owner of a tract of timber land, entered into a written contract with appellee’s assignor, the Speer-Box Lumber Company, for the sale of all the cottonwood timber of certain size suitable for saw logs.
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Appeal from Arkansas Circuit Court. George M. Chapeine, Judge. statement by the court. Appellant, who was the owner of a tract of timber land, entered into a written contract with appellee’s assignor, the Speer-Box Lumber Company, for the sale of all the cottonwood timber of certain size suitable for saw logs. The material part of the contract' reads as follows: “That the parties of the first part, for and in consideration of the covenants on the part of the party of the second part hereinafter contained and set forth, do covenant and agree to and with the said party of the second part to pay…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) The court, in its instructions to the jury, treated the sum of $100 named in the contract and designated a forfeit as liquidated damages for nonperformance of the contract by appellee, and limited the damages of appellant to that amount. The contract provides that “in case the party of the first part shall fail in any part of the agreement as set forth in this contract, they shall forfeit the above $100, which shall at once become the property of the party of the second part, and they shall also forfeit all the rights under this contract, and quit and…
2Cases cited6 opinions
- Jaquith v. HudsonMichigan Supreme Court · 1858
- Watts v. CamorsSupreme Court of the United States · 1885
- Willson v. Mayor of BaltimoreCourt of Appeals of Maryland · 1896
- Nilson v. JonesboroSupreme Court of Arkansas · 1893
- Glasscock v. RosengrantSupreme Court of Arkansas · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Seidlitz v. . AuerbachNew York Court of Appeals · 1920
- Cox v. SmithSupreme Court of Arkansas · 1910
- Wait v. StantonSupreme Court of Arkansas · 1912
- 884 West End Avenue Corp. v. PearlmanAppellate Division of the Supreme Court of the State of New York · 1922
- McIlvenny v. HortonSupreme Court of Arkansas · 1957
9 more not listed; retrieve them via the Exa API.