Harris v. Hanie
Supreme Court of Arkansas
APPEAL from Dorsey Circuit Court in Chancery. Hon. T. F. Sorrells, Circuit Judge. The award of the arbitrators, ratified in writing, was an accord ofgthe original contract, and constituted a new contract, by which Hanie’s right to sue on the original, if not annulled, was suspended. 30 Vt., 424; 28 Oonn., 392 ; 4 Iowa, 219 ; — Barb., N. T., 485 ; Parsons on Oont., 2 vol., secs. 681 and 683. This ratification and Hanie’s false statements, that he would dismiss the suit,…
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APPEAL from Dorsey Circuit Court in Chancery. Hon. T. F. Sorrells, Circuit Judge. The award of the arbitrators, ratified in writing, was an accord ofgthe original contract, and constituted a new contract, by which Hanie’s right to sue on the original, if not annulled, was suspended. 30 Vt., 424; 28 Oonn., 392 ; 4 Iowa, 219 ; — Barb., N. T., 485 ; Parsons on Oont., 2 vol., secs. 681 and 683. This ratification and Hanie’s false statements, that he would dismiss the suit, induced appellant to take no action to save his equities in the' suit by Hanie v. Estes. Add to this Estes’ fraudulent…
1Opinion of the CourtEakin, J.
Hilliard Harris, in 1876, conveyed to Estes some lands, in consideration of two written obligations by Estes to deliver him certain amounts of cotton, one-half on or before Christmas, 1877, and the other half on or before Christmas, 1878. The first he assigned to W. N. Hanie, with the lien, if there was any which he could assign. The second he afterwards assigned to J. R. Harris, the appellant.
It may be gathered from the allegations of the bill in this case, taken with the reasonable inferences, which must suffice in the absence of a motion to make more specific, that early in 1878, Hanie…
2Cases cited1 opinion
- Kilgore v. HascallMichigan Supreme Court · 1870
3Cited by16 opinions
- Salyers v. SmithSupreme Court of Arkansas · 1900
- Johnson v. WellsSupreme Court of Florida · 1916
- Jarratt v. LangstonSupreme Court of Arkansas · 1911
- Cox v. SmithSupreme Court of Arkansas · 1910
- Priddy & Chambers v. SmithSupreme Court of Arkansas · 1912
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