Goerke v. Rodgers
Supreme Court of Arkansas
Appeal from Dee Chancery Court. Edward D. Robertson, Judge. The written contract must govern. 71 Ark. 614; 66 Ark. 155; 24 Am. & Eng. Enc. Raw, 650. One who asks a court of ■equity to reform a writing must show that he has been free from carelessness in the matter. 70 Ark. 512; 24 Am. & Eng. Enc. Raw, 656; 162 Mó. 424; 93 Va. 349. A chancellor’s findings will not be reversed unless they are against the preponderance of the evidence. 44 Ark. 216; 71 Ark. 614.
1Opinion of the CourtHiel, C. J.
Rodgers owned a tract of land in Ree County, of which 2,000 acres were in cultivation, and 3,000 in timber. Goerke was a lumberman, and, in pursuance of a verbal agreement selling him the timber and specifying the time in which it was to be cut, went upon the land and commenced cutting. Disagreements arose, and Rodgers sued Goerke, and attached his outfit, and claimed the contract was terminated. In settlement of their differences, they entered into a written contract on April 5, 1902. The contract set forth with particularity the terms of the purchase of the timber, the time for its…
2Cases cited1 opinion
- McGuigan v. GainesSupreme Court of Arkansas · 1903
3Cited by31 opinions
- Leach v. SmithSupreme Court of Arkansas · 1917
- Goodrum v. Merchants & Planters BankSupreme Court of Arkansas · 1912
- Cherry v. BrizzolaraSupreme Court of Arkansas · 1909
- Parker v. CarterSupreme Court of Arkansas · 1909
- Mitchell Manufacturing Co. v. KempnerSupreme Court of Arkansas · 1907
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