Warmack v. Major Stave Co.
Supreme Court of Arkansas
Appeal from Little River Chancery Court; James D. Shaver, Chancellor; 1. The chancellor erred in finding that appellant knowledge of the contract and was bound to carry it out is no allegation to that effect and no proof of it. 43 Ark. 303; 11 Id. 134; 29 Id. 500. 2. The chancellor’s finding that appellant had full knowledge of the contract and was bound to carry it out is against the evidence. 102 Ark. 383; 102 Id. 685; 104 Id. 475. 3. A purchaser of the property of a…
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Appeal from Little River Chancery Court; James D. Shaver, Chancellor; 1. The chancellor erred in finding that appellant knowledge of the contract and was bound to carry it out is no allegation to that effect and no proof of it. 43 Ark. 303; 11 Id. 134; 29 Id. 500. 2. The chancellor’s finding that appellant had full knowledge of the contract and was bound to carry it out is against the evidence. 102 Ark. 383; 102 Id. 685; 104 Id. 475. 3. A purchaser of the property of a corporation is not bound to carry out its contracts. 97 Ark. 106; 86 Id. 300; 196 S. W. 49. 1. All the findings of the…
1Opinion of the Court
HART, J.,
(after stating the-facts). The contract in question was executed on the 15th day of August, 1914. Prior to that time there was a contract between the light and power company and the Major Stave Company whereby the latter was to furnish the power for running the plant of the former- and was to receive therefor 40 per cent, of the gross earnings of the former. The light and power company desired to -furnish its own motive power and for that reason entered into the contract in question. In consideration of being released from its former contract, and all claims dr liability thereunder,…
2Cases cited3 opinions
- Spear Mining Co. v. ShinnSupreme Court of Arkansas · 1910
- Leonard v. Board of Directors of Plum Bayou Levee DistrictSupreme Court of Arkansas · 1906
- Good v. Ferguson & Wheeler Land, Lumber & Handle Co.Supreme Court of Arkansas · 1913
3Cited by7 opinions
- Twin City Pipe Line Co. v. Harding Glass Co.Supreme Court of the United States · 1931
- Nakdimen v. Atkinson Improvement Co.Supreme Court of Arkansas · 1921
- McGehee v. WilliamsSupreme Court of Arkansas · 1935
- Fort Smith Refrigeration & Equipment Co. v. FergusonSupreme Court of Arkansas · 1950
- Hyde Vending Co. v. Wayne Poultry Co.Supreme Court of Arkansas · 1972
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