Carnahan v. Terrall Bros.
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Thomas C. Trimble, Judge; STATEMENT OF FACTS. Terrall Brothers brought suit against R. Carnahan to recover damages for an alleged breach of contract in the sale of certain timber. The material facts are as follows: Charles .Terrall and George Terrall, residents of Lonoke County, Arkansas, formed a partnership called Terrall Brothers.
Read the full summary
Appeal from Lonoke Circuit Court; Thomas C. Trimble, Judge; STATEMENT OF FACTS. Terrall Brothers brought suit against R. Carnahan to recover damages for an alleged breach of contract in the sale of certain timber. The material facts are as follows: Charles .Terrall and George Terrall, residents of Lonoke County, Arkansas, formed a partnership called Terrall Brothers. About the first of September, 1916, they entered into a verbal contract with the representative of the Geridge Lumber Company for the purchase of the catalpa timber on its land. They agreed to pay three cents for the small posts,…
1Opinion of the Court
HART, J.,
(after stating the facts). In order to defeat the action against him the defendant interposed a plea of the statute of frauds.
The court erred in not directing a verdict for the defendant at his request on the ground that there had not been the requisite part performance to take the case qut of the operation of the statute of frauds. A sale of growing trees is a sale of an interest in land. Graysonia-Nashville Lbr. Co. v. Saline D. Co., 118 Ark. 192, and cases cited. Consequently a contract for the sale of standing timber is within the meaning of the statute of frauds and must be…
2Cases cited5 opinions
- Graysonia-Nashville Lumber Co. v. Saline Development Co.Supreme Court of Arkansas · 1915
- Arkadelphia Lumber Co. v. ThorntonSupreme Court of Arkansas · 1907
- Davis v. Martin Stave Co.Supreme Court of Arkansas · 1914
- Robinson v. WynneSupreme Court of Arkansas · 1911
- Bonner v. Kimball-Lacy Lumber Co.Supreme Court of Arkansas · 1914
3Cited by3 opinions
- Ozan Lumber Co. v. PriceSupreme Court of Arkansas · 1951
- Stooksberry v. PiggSupreme Court of Arkansas · 1927
- Wilkinson v. JamesSupreme Court of Arkansas · 1924