Fee-Crayton Hardwood Lumber Co. v. Hogan
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; R.E. Jeffery, Judge; • 1. It was error to admit incompetent testimony that the notes were payable in lumber, when they called for dollars. 20 Ark. 293; 1 Gr.
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Appeal from Jackson Circuit Court; R.E. Jeffery, Judge; • 1. It was error to admit incompetent testimony that the notes were payable in lumber, when they called for dollars. 20 Ark. 293; 1 Gr. Ev. § 275; 13 Ark. 593; 24 Id. 210; 67 Ark. 62; 65 Id. 333; 66 Id. 393; 73 Id. 431; 69 Id. 406; 71 Id. 185; 94 Id. 130. 2. It was error to admit testimony as to the value of the lumber when the contract price was fixed and claimed. 52 Ark. 117; 43 S. W. 27. 3. Unliquidated claims can not be considered as payment or set-off. 20 Ark. 293; 19 Id. 230; 64 Id. 551; 129 5. W. 1081-3; 30 Ark. 50; 54 Id. 187;…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Fee-Crayton Hardwood Lumber Company, instituted this action in the circuit court of Jackson County against the defendant, B. F. Hogan, to recover possession of mortgaged personal property for the purpose of foreclosing the mortgage lien under the power therein contained. The amount of the mortgage debt is set forth in the complaint, and the prayer thereof is for recovery of the property and for judgment for the amount of the debt. The defendant answered, setting forth two defenses, namely, that the debt had been paid, and also that the plaintiff had failed to furnish a verified…
2Cited by1 opinion
- Atkins v. GarnerSupreme Court of Arkansas · 1953