Buford v. Lewis
Supreme Court of Arkansas
Appeal from Little River Chancery Court; James D. Shaver, Chancellor ; STATEMENT BY THE COURT. Buford owned a sawmill, with some timber and lumber on its yards, situated at Mills Ferry, Little River County, and in October, 1906, sold it to W. D. Strong for $2,000, $500 cash and the balance represented by 15 notes of $100 each. He executed to Strong a bill of sale, and reserved a lien on the property to secure the payment of the purchase money. This lien was not recorded.
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Appeal from Little River Chancery Court; James D. Shaver, Chancellor ; STATEMENT BY THE COURT. Buford owned a sawmill, with some timber and lumber on its yards, situated at Mills Ferry, Little River County, and in October, 1906, sold it to W. D. Strong for $2,000, $500 cash and the balance represented by 15 notes of $100 each. He executed to Strong a bill of sale, and reserved a lien on the property to secure the payment of the purchase money. This lien was not recorded. W. A. Carroll was an experienced sawmill nian, and was told by J. A. Lewis, who had some money for investment, that he…
1Opinion of the CourtHill, C. J.
(after stating the facts). Concede, for the moment, that the relation between Carroll and Lewis was a partnership : Then, when Carroll, in order to relieve an asserted claim against the property, and to buy the other half-interest in the property, thereby increasing the respective, holdings of himself and Lewis from one-fourth to one-half each, executed a note to Buford in accomplishment of this two-fold purpose, it would be binding on Lewis, if in fact they were partners. If it be conceded that it was not within the apparent scope of Carroll’s authority to do this, yet Lewis acquiesced in it…
2Cases cited5 opinions
- Meehan v. ValentineSupreme Court of the United States · 1892
- Rector v. RobinsSupreme Court of Arkansas · 1905
- Culley & Son v. EdwardsSupreme Court of Arkansas · 1884
- Herman Kahn Co. v. BowdenSupreme Court of Arkansas · 1906
- Johnson v. RothschildsSupreme Court of Arkansas · 1897
3Cited by17 opinions
- Wymer v. DedmanSupreme Court of Arkansas · 1961
- Beebe v. OlentineSupreme Court of Arkansas · 1911
- LaCotts v. PikeSupreme Court of Arkansas · 1909
- Pratt v. FrazerSupreme Court of Arkansas · 1910
- Steger v. GreerCourt of Appeals of Texas · 1921
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