Tidwell v. Southern Engine & Boiler Works
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M. Carter, Judge; Time was of the essence of the contract. Clark.on Contracts, § 251; 115 U. S. 188; 74 Ark. 41; 73 Id. 338. The words of the contract should be construed most strongly against the party who used them. ' 74 Ark. 41; 73 Id. 342. A clause in a contract directed to a particular matter controls over a clause general in its terms. 72 Ark. 633. A contract to do a thing “as soon as possible” means that it should be done with…
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Appeal from Clark Circuit Court; Jacob M. Carter, Judge; Time was of the essence of the contract. Clark.on Contracts, § 251; 115 U. S. 188; 74 Ark. 41; 73 Id. 338. The words of the contract should be construed most strongly against the party who used them. ' 74 Ark. 41; 73 Id. 342. A clause in a contract directed to a particular matter controls over a clause general in its terms. 72 Ark. 633. A contract to do a thing “as soon as possible” means that it should be done with all expedition. 59 Hun, 512. The court erred in directing a verdict. 63 Ark. 94; 73 Id. 568; 82 Id. 89. The parties are…
1Opinion of the CourtMcCulloch, J.
Appellee is a Tennessee corporation, domiciled at Jackson in that State, and instituted this action at law against appellant in the circuit court of Clark County to recover stipulated damages for failure to perform his written contract for the purchase of a saw-mill outfit, consisting of boiler, engine, sawmill, edger, saws, belting, pulleys, etc. The contract is dated July 28, 1906, and provided that the.appellee should “manufacture or buy and furnish and sell” to appellant the articles described and have the same ready for delivery on board cars at Jackson, Tennessee, or at factory where…
2Cases cited1 opinion
- Stillwell v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1904
3Cited by10 opinions
- United States Ex Rel. Gillioz v. John Kerns Const. Co.Court of Appeals for the Eighth Circuit · 1944
- Stiewel v. LallySupreme Court of Arkansas · 1909
- Truemper v. Thane Lumber Co.Supreme Court of Arkansas · 1922
- Cy Carney Appliance Co. v. TrueSupreme Court of Arkansas · 1956
- Foran v. Wisconsin & Arkansas Lumber Co.Supreme Court of Arkansas · 1923
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