Arden Lumber Co. v. Henderson Iron Works & Supply Co.
Supreme Court of Arkansas
Appeal from Little River Circuit Court; James S. Steel, Judge; STATEMENT BY THE COURT. This was a suit by appellee against appellant on notes given by appellant to appellee, for the purchase price of certain ma- 1. It was error to instruct the jury, in the event they found for plaintiff, to add ten per cent, of the face of the notes as attorney’s fee.
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Appeal from Little River Circuit Court; James S. Steel, Judge; STATEMENT BY THE COURT. This was a suit by appellee against appellant on notes given by appellant to appellee, for the purchase price of certain ma- 1. It was error to instruct the jury, in the event they found for plaintiff, to add ten per cent, of the face of the notes as attorney’s fee. Such contracts are not enforceable here, even though the contract was made in Louisiana. 70 Ark. 494; 56 Ark. 45; 41 Ark. 243; 42 Ark. 167 2. The sixth instruction requested by appellant should have been giyen. 53 Ark. 159. 3. The case should be…
1Opinion of the Court
Wood, J.,
(after stating the facts.) First. The sale of the machinery for which the notes in suit were executed was evidenced by written contract in the form of a proposal by appellee to furnish appellant certain sawmill machinery in which . each piece is described in detail, giving name, kind, make and dimensions. The proposition was accepted by appellant June 23, 1905, as follows:
“The W. K. Henderson Iron Works and Supply Co., Ltd.
“Shreveport, La.
“Dear Sir: The proposition as written is accepted.”
The machinery for the price of which appellee sues on account was likewise bought by appellant…
2Cases cited5 opinions
- Boozer v. AndersonSupreme Court of Arkansas · 1883
- Lower v. HickmanSupreme Court of Arkansas · 1906
- Louisiana Molasses Co. v. Fort Smith Wholesale Grocery Co.Supreme Court of Arkansas · 1905
- Johnson v. St. Louis Butchers' Supply Co.Supreme Court of Arkansas · 1895
- Crebbin v. DeloneySupreme Court of Arkansas · 1902
3Cited by15 opinions
- National Bank of Eastern Arkansas v. BlankenshipDistrict Court, E.D. Arkansas · 1959
- American Physicians Insurance Co. v. HruskaSupreme Court of Arkansas · 1968
- White-Wilson-Drew Co. v. EgelhoffSupreme Court of Arkansas · 1910
- Continental Supply Co. v. Syndicate Trust Co.North Dakota Supreme Court · 1924
- Federal Truck & Motors Co. v. TompkinsSupreme Court of Arkansas · 1921
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