Keopple v. National Wagonstock Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; A. Guy Fulk, Judge; STATEMENT BY THE COURT. Appellants and appellee entered into the following contract: “This contract, made by and between the National Wagon-stock Company of Little Rock, Arkansas, a corporation, and B. A. Keopple and R. R. McIntosh, copartners, doing business under the firm name and style of Keopple & McIntosh.
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Appeal from Pulaski Circuit Court, Second Division; A. Guy Fulk, Judge; STATEMENT BY THE COURT. Appellants and appellee entered into the following contract: “This contract, made by and between the National Wagon-stock Company of Little Rock, Arkansas, a corporation, and B. A. Keopple and R. R. McIntosh, copartners, doing business under the firm name and style of Keopple & McIntosh. “Know all men by these presents that the National Wagonstock Company do hereby agree to take and have Keopple & McIntosh, as the sole logging contractors for their mill in Little Rock, Arkansas, for and during the…
1Opinion of the Court
Wood, J.,
(after stating the facts). First: The appellee contends that the contract “is unilateral,” “lacks mutuality,” and is therefore unenforceable, because of the following clause: “Whenever Keopple & McIntosh shall be unable to furnish logs for any reason, the National Wagon-stock Company may purchase from other parties until such time as Keopple & McIntosh shall again be able to furnish them.”
The contract was prepared by appellee, as shown by a telegram set forth in the complaint. The clause under consideration was inserted, not for the purpose of relieving appellants of their obligation…
2Cases cited5 opinions
- Wood v. KelseySupreme Court of Arkansas · 1909
- Minneapolis Mill Co. v. GoodnowSupreme Court of Minnesota · 1889
- Thomas-Huycke-Martin Co. v. GraySupreme Court of Arkansas · 1910
- Johnson v. WilkersonSupreme Court of Arkansas · 1910
- North & South Rolling Stock Co. v. O'HaraAppellate Court of Illinois · 1898
3Cited by11 opinions
- Arlington Hotel Co. v. RectorSupreme Court of Arkansas · 1916
- Beasley v. BorenSupreme Court of Arkansas · 1946
- Lutterloh v. PattersonSupreme Court of Arkansas · 1947
- Gantt v. Arkansas Power & Light Co.Supreme Court of Arkansas · 1934
- Sydeman Brothers, Inc. v. WhitlowSupreme Court of Arkansas · 1933
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