Rodgers v. Cades
Supreme Court of Arkansas
Appeal from Lincoln Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. The appellee sued appellant for 300,000 feet of timber at $4 per thousand, alleging that appellant had obtained that much timber for which he had not paid, under a contract by which appellee sold to appellant all the timber on a certain tract of land.
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Appeal from Lincoln Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. The appellee sued appellant for 300,000 feet of timber at $4 per thousand, alleging that appellant had obtained that much timber for which he had not paid, under a contract by which appellee sold to appellant all the timber on a certain tract of land. The contract, after describing the land, provides as follows: “For and in consideration of $4 per thousand feet, board measure, to be paid as hereinafter set out, party of the first part has this day granted, sold and conveyed unto party of second part, his heirs…
1Opinion of the CourtWood, J.
(after stating the facts.) Two questions are presented. First, did the court err in instructing the jury that appellant could not “recover anything whatever on his counterclaim?” Second, did the court err in refusing to permit the jury to assess damages for the wrongful issuance of the attachment?
1. Under the undisputed evidence, appellee was not liable to appellant on his counterclaim, because appellant was prevented by the State authorities from further cutting the timber. The contract provides in part as follows:
“It being understood that party of second part shall be under no obligation to…
2Cases cited2 opinions
- Boatwright v. StewartSupreme Court of Arkansas · 1881
- Adkins v. LacySupreme Court of Arkansas · 1900
3Cited by1 opinion
- Davidson v. MayhueSupreme Court of Arkansas · 1915