Plummer v. Reeves
Supreme Court of Arkansas
Appeal -from Phillips Circuit Court; Hance N. Hutton, Judge; The court erred in construing the contract under which the timber was cut from other lands. Parol evidence is admissible to show that the parties considered time of the essence of the contract, i De G. & Sm. 444; 50 Am. Dec. 600, and note to same; 2 Barb. 270. There could have been no other object in inserting the clause limiting the time in which the timber was to be removed from the land. 1 Sandf.
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Appeal -from Phillips Circuit Court; Hance N. Hutton, Judge; The court erred in construing the contract under which the timber was cut from other lands. Parol evidence is admissible to show that the parties considered time of the essence of the contract, i De G. & Sm. 444; 50 Am. Dec. 600, and note to same; 2 Barb. 270. There could have been no other object in inserting the clause limiting the time in which the timber was to be removed from the land. 1 Sandf. Ch. 52; 2 Barb. 622; 6 Hun, 32; 69 N. Y. 269; 89 Me; 404; 36 Atl. 631; 1 Beach, Mod. Cont. Law, pp. 743, 747, 749; Chitty on Cont., 433…
1Opinion of the CourtRiddick, J.
This action was brought by J. A. Plummer and others against W. D. Reeves to recover $5,099.74 as damages for the taking and conversion of certain gum and cottonwood logs belonging to plaintiffs. The defendant appeared, and upon his motion the plaintiff was required to make his complaint more definite and certain as to the time when and the place where the logs were taken and converted. The plaintiffs thereupon filed an amendment to their complaint, in which they alleged that the logs converted by defendant were taken from section 6, township 1 north, range 5 east, and from other lands…
2Cited by12 opinions
- Ford Motor Credit Co. v. HerringSupreme Court of Arkansas · 1979
- Dugal Logging, Inc. v. Arkansas Pulpwood Co.Court of Appeals of Arkansas · 1999
- Tsuru v. BayerHawaii Supreme Court · 1920
- McKenzie v. Tom Gibson Ford, Inc.Supreme Court of Arkansas · 1988
- Western Union Telegraph Co. v. FreemanSupreme Court of Arkansas · 1915
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