Paepcke-Leicht Lumber Co. v. Talley
Supreme Court of Arkansas
, Appeal from Greene Circuit Court; Frank Smith, Judge; 1. The term “board measure” bas a generally well understood meaning, and has for its unit the “board foot,” which is “a board one foot long, one foot wide and one inch thick, but in reality is equivalent to 144 cubic inches of manufactured lumber in any form.” 10 Enc.
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, Appeal from Greene Circuit Court; Frank Smith, Judge; 1. The term “board measure” bas a generally well understood meaning, and has for its unit the “board foot,” which is “a board one foot long, one foot wide and one inch thick, but in reality is equivalent to 144 cubic inches of manufactured lumber in any form.” 10 Enc. Brittanica (11 ed.), 658. It was the duty of the court to construe the contract and declare its terms to the jury, instead of submitting its interpretation to them. 77 Ark. 272; 89 Ark. 239. 2. Since the contract was plain and certain on its face, evidence of a custom was…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by plaintiff, W. E. Talley, against defendant, Paepcke-Leicht Lumber Company, to recover damages for the alleged breach of a contract between the parties whereby the plaintiff agreed to sell, and the defendant agreed to buy, about 8,000,000 feet of gum lumber to be sawed from timber owned by plaintiff in Greene County, Arkansas. The plaintiff owned two large bodies of land in Greene County, the gum timber thereon being estimated to contain about 8,000,000 feet. They entered into a written contract of the date of June 28, 1907, for the sale and delivery of the…
Also in this document: Dissent.
2Cases cited9 opinions
- Walls v. . BaileyNew York Court of Appeals · 1872
- National Bank v. BurkhardtSupreme Court of the United States · 1880
- McDonough v. WilliamsSupreme Court of Arkansas · 1905
- Wood v. KelseySupreme Court of Arkansas · 1909
- Mann v. UrquhartSupreme Court of Arkansas · 1909
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3Cited by28 opinions
- W. R. Grimshaw Company and National Surety Corporation v. Nevil C. Withrow Co., Inc.Court of Appeals for the Eighth Circuit · 1957
- O'Connor v. West Sacramento Co.California Supreme Court · 1922
- Arlington Hotel Co. v. RectorSupreme Court of Arkansas · 1916
- Lindner v. Mid-Continent Petroleum Corp.Supreme Court of Arkansas · 1952
- Manhattan Factoring Corp. v. OrsburnSupreme Court of Arkansas · 1965
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