Grayling Lumber Co. v. Hemingway
Supreme Court of Arkansas
Appeal from Deslía Circuit Court; W. Sorrells, Judge; 1. The law of this case was settled upon the former appeal. 51 Ark. Law Rep. 356. It was there decided that before there could be a binding contract, it was necessary that the terms of the contract should make it mutually binding upon both parties, and this must be gathered from the terms of the contract itself. There was no mutuality. 124 Ark. 354. 2. The court erred in its instructions to the jury.
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Appeal from Deslía Circuit Court; W. Sorrells, Judge; 1. The law of this case was settled upon the former appeal. 51 Ark. Law Rep. 356. It was there decided that before there could be a binding contract, it was necessary that the terms of the contract should make it mutually binding upon both parties, and this must be gathered from the terms of the contract itself. There was no mutuality. 124 Ark. 354. 2. The court erred in its instructions to the jury. The breach by appellee released the appellant. 93 Ark. 472. • 3. It is erroneous to single out and give improper prominence to particular…
1Opinion of the Court
Wood, J. I.
This suit was instituted by the appellee against the appellant to recover damages for an alleged breach of a verbal contract. The appellee alleged, in substance, that appellant had employed him to haul logs, at varying prices according to varying distances, from February 15, 1915, during the balance of that year; that appellee entered upon the performance of the contract and delivered logs thereunder until the 13th day of May, 1915, when the appellant, without cause, refused to permit him to continue further in the performance of his contract and thereby broke the contract, to the…
2Cases cited3 opinions
- Missouri Pacific Railway Co. v. YarnellSupreme Court of Arkansas · 1898
- Western Coal & Mining Co. v. JonesSupreme Court of Arkansas · 1905
- Grayling Lumber Co. v. HemingwaySupreme Court of Arkansas · 1916
3Cited by10 opinions
- United States Ex Rel. Gillioz v. John Kerns Const. Co.Court of Appeals for the Eighth Circuit · 1944
- Stocker v. HallSupreme Court of Arkansas · 1980
- Southern Pipe Coating, Inc. v. Spear & Wood Mfg. Co.Supreme Court of Arkansas · 1963
- Cummings v. Lord’s Art GalleriesSupreme Court of Arkansas · 1957
- Rutland v. P. H. Ruebel CompanySupreme Court of Arkansas · 1941
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