Weed v. Dyer
Supreme Court of Arkansas
APPEAL from Yell Circuit Court, Dardanelle District. G. S. Cunningham, Judge. At the spring term, 1888, of Yell circuit court, Weed, Parsons & Co., publishers at Albany, N. Y., sued Dyer & Hallum on an acceptance for $800, given in part payment for printing and binding 1000 volumes of a book for Hallum. The written contract stipulated that the pages should contain forty-two lines, and specified that the binding should be “full law sheep.”
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APPEAL from Yell Circuit Court, Dardanelle District. G. S. Cunningham, Judge. At the spring term, 1888, of Yell circuit court, Weed, Parsons & Co., publishers at Albany, N. Y., sued Dyer & Hallum on an acceptance for $800, given in part payment for printing and binding 1000 volumes of a book for Hallum. The written contract stipulated that the pages should contain forty-two lines, and specified that the binding should be “full law sheep.” The price of the paper, printing and binding was agreed upon, but certain items were left to be settled for as extra work. Afterwards the size of the page…
1Opinion of the CourtHemingway, J.
The court declined to give two instructions asked on behalf of the appellant, and gave one of its own motion; its action in each particular is relied upon as ground for reversal.
1. It may be that the first of the instructions refused correctly stated the law on a state of case to which it was applicable; but, as the appellee was not seeking to reduce the price to be paid according to the terms of the contract, and only resisted the attempt of appellant to increase such price on account of a change in the contract, it was not a proper instruction to be given in this casé. Although Hallum knew…
2Cases cited5 opinions
- Oil Co. v. Van EttenSupreme Court of the United States · 1882
- Withers v. GreeneSupreme Court of the United States · 1850
- Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1878
- Brantley v. ThomasTexas Supreme Court · 1858
- Flint v. LyonCalifornia Supreme Court · 1854
3Cited by20 opinions
- Main v. DearingSupreme Court of Arkansas · 1905
- Dunavant v. FieldsSupreme Court of Arkansas · 1901
- Lanier v. Union Mortgage, Banking & Trust Co.Supreme Court of Arkansas · 1897
- Western Cabinet & Fixture Manufacturing Co. v. DavisSupreme Court of Arkansas · 1915
- Williams v. Casparis Bros.Supreme Court of Oklahoma · 1925
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