Hodges Bros. v. Bank of Cove
Supreme Court of Arkansas
Appeal from Polk Circuit 'Court; Jefferson T. Cowling, Judge; 1. Where ¡a contract is nnambignons it is the duty of the court to construe it and declare its meaning and effect, and not the province of the jury. 171 S. W. 140; 67 Ark. 553; 2 Parsons on Oont. (8 ed.), 492, 610; Clark on Oont.
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Appeal from Polk Circuit 'Court; Jefferson T. Cowling, Judge; 1. Where ¡a contract is nnambignons it is the duty of the court to construe it and declare its meaning and effect, and not the province of the jury. 171 S. W. 140; 67 Ark. 553; 2 Parsons on Oont. (8 ed.), 492, 610; Clark on Oont. (Hornbook Series), p. 564; 81 Ark. 337. 2. The delivery to ¡appellants was complete and passed the title. 102 Ark. 344; 19 Id. 573; 31 Id. 155; 37 Id. 483; 54 Id. 305; 90 Id. 131; 91 Id. 240; 62 Id. 592; 68 Id. 307; 63 Id. 232; 35 Id. 304. The peremptory instruction should have been given as requested by…
1Opinion of the Court
¡McCulloch, C. J.
Appellee sued one 'Coleman for debt due on open account and caused a lot of railroad ties to be seized under ¡an order of general attachment. Appellants filed an interplea, claiming title to the attached property nnder purchase from Coleman, and this is an appeal from a judgment against them condemning the property for sale under the attachment.
Coleman was engaged in the business of manufacturing and selling railroad ties, and on January 27,1913, entered into a written contract with appellants whereby he agreed to sell and deliver to them all of his 'Output of ties during the…
2Cases cited6 opinions
- Shaul v. HarringtonSupreme Court of Arkansas · 1891
- Lynch v. DaggettSupreme Court of Arkansas · 1896
- Deutsch v. DunhamSupreme Court of Arkansas · 1904
- Elgin v. BarkerSupreme Court of Arkansas · 1913
- Guion Mercantile Co. v. CampbellSupreme Court of Arkansas · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Vance v. BellSupreme Court of Arkansas · 1922
- Liveoak v. HopperSupreme Court of Arkansas · 1926
- Davidson v. StateSupreme Court of Arkansas · 1930
- Dewberry-Hargett Co. v. Arkansas State BankSupreme Court of Arkansas · 1924