Grayling Lumber Co. v. Hemingway
Supreme Court of Arkansas
Appeal from Desha Circuit Court; James G. Knox, Special Judge; 1. The verdict is contrary to the evidence, because there was no binding contract. It was too indefinite and uncertain as to distance the logs were to be hauled and the price to be paid. Tiedeman on Sales, § 45; 1 Mechem on Sales, § 209; Benjamin on Sales, ■§ 69; 97 Ark. 613. 2. There was no mutuality in the alleged contract. 100 Ark. 510; 96 Id. 184; 64 Id. 398; 6 L. it.
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Appeal from Desha Circuit Court; James G. Knox, Special Judge; 1. The verdict is contrary to the evidence, because there was no binding contract. It was too indefinite and uncertain as to distance the logs were to be hauled and the price to be paid. Tiedeman on Sales, § 45; 1 Mechem on Sales, § 209; Benjamin on Sales, ■§ 69; 97 Ark. 613. 2. There was no mutuality in the alleged contract. 100 Ark. 510; 96 Id. 184; 64 Id. 398; 6 L. it. A. (N. S.) 431; 20 Id. 899. The court erred in refusing instruction No. 5 asked 'by defendant, and in modifying No. 3. 3. The verdict is excessive. 43 Ark. 439;…
1Opinion of the CourtHart, J.
C. C. Hemingway, Jr., sued the Grayling Lumber Company to recover damages for a breach of an alleged contract by which he was employed to haul and deliver logs for said company. .
The plaintiff alleges that Hemingway entered into a verbal contract with the Grayling Lumber Company in February, 1915, to haul and deliver logs to the company for the balance of the year 1915. That the company agreed to pay him for the hauling ns follows: For all logs delivered, where hauled a distance not exceeding" one-qúarter of a .mile, $2.00 per thousand feet; for all logs delivered where hauled a distance…
2Cases cited2 opinions
- El Dorado Ice & Planing Mill Co. v. KinardSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. ClarkSupreme Court of Arkansas · 1909
3Cited by10 opinions
- Red Lobster Inns of America, Inc. v. Lawyers Title Insurance Corporation and Standard Abstract & Title Co., Inc.Court of Appeals for the Eighth Circuit · 1981
- Abbott v. Arkansas Utilities Co.Court of Appeals for the Eighth Circuit · 1948
- Bodcaw Oil Co. v. Atlantic Refining Co.Supreme Court of Arkansas · 1950
- Johnson v. JohnsonSupreme Court of Arkansas · 1934
- Grayling Lumber Co. v. HemingwaySupreme Court of Arkansas · 1917
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