Doniphan, Kensett & Searcy Railroad v. Missouri & North Arkansas Railroad
Supreme Court of Arkansas
Appeal from White Chancery Court; John E. Martineau, Chancellor; 1. It is only when a contract is ambiguous or uncertain that parol evidence is admissible to determine what the contract is. 4 Ark. 179; 75 Ark. 55; 86 Ark. 169; 90 Ark. 272; 93 Ark. 1. 2. Where a contract has been reduced to writing and signed by the parties, oral testimony is not admissible to show that they intended to make a different contract. 78 Ark. 574; 80 Ark. 505; 94 Ark. 130. 3. In construing a…
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Appeal from White Chancery Court; John E. Martineau, Chancellor; 1. It is only when a contract is ambiguous or uncertain that parol evidence is admissible to determine what the contract is. 4 Ark. 179; 75 Ark. 55; 86 Ark. 169; 90 Ark. 272; 93 Ark. 1. 2. Where a contract has been reduced to writing and signed by the parties, oral testimony is not admissible to show that they intended to make a different contract. 78 Ark. 574; 80 Ark. 505; 94 Ark. 130. 3. In construing a contract, all its parts must be considered and construed together. 96 Ark. 320; 93 Ark. 497. 94 Ark. 493;'40 Am. Dec. 608;…
1Opinion of the CourtFrauenthal, J.
This is an action instituted by the appellee to enjoin the appellant from proceeding to arbitrate a matter of dispute in reference to a certain traffic contract entered into and executed by both parties, and to reform said contract. Both parties are railroad corporations, organized under the laws of the State of Arkansas. Appellee owns and operates a line of railroad extending through White, Cleburne and other counties of the State, and the appellant owns and operates a railroad extending from Doniphan to Searcy, a distance of about six miles, where it connects with the main line of…
2Cases cited15 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Goodrum v. Merchants & Planters BankSupreme Court of Arkansas · 1912
- Mitchell Manufacturing Co. v. KempnerSupreme Court of Arkansas · 1907
- Earl v. HarrisSupreme Court of Arkansas · 1911
- Administrators of Ligon v. RogersSupreme Court of Georgia · 1852
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3Cited by12 opinions
- Prowant v. SealySupreme Court of Oklahoma · 1919
- American Southern Trust Co. v. McKeeSupreme Court of Arkansas · 1927
- Russell v. Shell Petroleum CorporationCourt of Appeals for the Tenth Circuit · 1933
- Corey v. Mercantile Insurance Co. of AmericaSupreme Court of Arkansas · 1943
- Lawrence v. BarnesCourt of Appeals of Arkansas · 2010
7 more not listed; retrieve them via the Exa API.