Kilgore Lumber Co. v. Halley
Supreme Court of Arkansas
Appeal from Cross Chancery Court; A. L. Hutchins, Chancellor; The complaint states a cause of action and it was error to sustain the demurrer. 122 Ark. 508 and citations. Furthermore answer was filed; the demurrer was thereby abandoned and should not have been acted upon by the court. No cause of action was stated in the complaint. The demurrer was not .abandoned by filing an answer at the same time.
Read the full summary
Appeal from Cross Chancery Court; A. L. Hutchins, Chancellor; The complaint states a cause of action and it was error to sustain the demurrer. 122 Ark. 508 and citations. Furthermore answer was filed; the demurrer was thereby abandoned and should not have been acted upon by the court. No cause of action was stated in the complaint. The demurrer was not .abandoned by filing an answer at the same time. Ample time was given plaintiff to show a cause of action in equity and upon the failure to do so the complaint was properly dismissed. STATEMENT OE EAOTS. This is an action by J. D. Kilgore,…
1Opinion of the Court
HART, J.,
(after stating the facts). (1-3) The court erred in sustaining a demurrer to the complaint. The rule is that if the facts stated in the complaint, together with every reasonable inference therefrom, constitute a cause of action, the demurrer should be overruled. Cox v. Smith, 93 Ark. 371, and Sallee v. Bank of Corning, 122 Ark. 502. In the. application of this rule to the facts stated in the complaint it can not be said that no cause of action is stated. It is fairly inferable from the language of the complaint that the parties entered into a contract for the purchase and sale of the…
2Cases cited7 opinions
- Moore v. GordonSupreme Court of Arkansas · 1884
- Cox v. SmithSupreme Court of Arkansas · 1910
- Friedman v. SchleuterSupreme Court of Arkansas · 1912
- Emerson v. Stevens Grocer Co.Supreme Court of Arkansas · 1910
- Sallee v. Bank of CorningSupreme Court of Arkansas · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- White v. WilliamsSupreme Court of Arkansas · 1933
- McRae v. Farquhar Albright CompanySupreme Court of Arkansas · 1925
- Missouri Pacific Railroad v. BrewerSupreme Court of Arkansas · 1922
- Becker Provision Co. v. Parker Hardware Co.Supreme Court of Arkansas · 1920