Legal Opinion

Sullivan v. Wooldridge

Supreme Court of Arkansas

Decided March 3, 1913PublishedCited by 2 opinions

Appeal from Bradley Circuit Court; Henry W. Wells, Judge; STATEMENT BY THE COURT. L. L. Sullivan owned and operated a saw mill on the banks of the Saline river where the railroad crosses it in Cleveland County, Arkansas. He entered into a written contract with W. W. Wooldridge whereby the latter agreed to deliver him logs at his mill at a certain price and to warrant and defend the title to the same against the claims of all persons.

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Appeal from Bradley Circuit Court; Henry W. Wells, Judge; STATEMENT BY THE COURT. L. L. Sullivan owned and operated a saw mill on the banks of the Saline river where the railroad crosses it in Cleveland County, Arkansas. He entered into a written contract with W. W. Wooldridge whereby the latter agreed to deliver him logs at his mill at a certain price and to warrant and defend the title to the same against the claims of all persons. In May, 1911, Wooldridge found some logs in a draw-out or slough leading into the main channel of the river, and ran them down to Sullivan’s mill. Sullivan…

1Opinion of the Court

Hart, J.,

(after stating the facts). As will be seen from the statement of facts, Wooldridge brought this suit against Sullivan to recover on a due bill given by the latter to the former for the purchase price of some logs. Sullivan refused to pay the due bill because the Bradley Lumber Company asserted title to the logs and claimed that it was entitled to the purchase money. Wooldridge had warranted the title to the logs and admitted that he did not have any title thereto, and that he did not pay anything for them. He did not give the notice required by the statute of persons taking up…

2Cases cited3 opinions

  1. Hynson v. DunnSupreme Court of Arkansas · 1844
  2. McDaniel v. GraceSupreme Court of Arkansas · 1855
  3. Benjamin v. HobbsSupreme Court of Arkansas · 1876

3Cited by2 opinions

  1. Courtney v. GordonMontana Supreme Court · 1925
  2. Wilson v. TihcheffSupreme Court of Oklahoma · 1945

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