Breckenridge v. Hearne Timber Co.
Supreme Court of Arkansas
Appeal from Greene Circuit Court; W. J. Driver, Judge; 1. Oral testimony that the contract was to run a year was admissible. 60 S. W. 1010; 17 Cyc. 745; 2 Elliott on Contracts, § 1634; 11 N. Y. S. 724; 81 Ark. 373; 11 Am. St. 920; 26 Am. Dec. 542. 2. The contract was not void for want of mutuality. 94 Ark. 9. See, also, 18 N. E. 790; 106 U. S. 144; 96 Ark. 184. 3. The garnishment proceedings were no bar to this. 20 Cyc. 1101; 25 N. E. 1000; 37 Pa.
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Appeal from Greene Circuit Court; W. J. Driver, Judge; 1. Oral testimony that the contract was to run a year was admissible. 60 S. W. 1010; 17 Cyc. 745; 2 Elliott on Contracts, § 1634; 11 N. Y. S. 724; 81 Ark. 373; 11 Am. St. 920; 26 Am. Dec. 542. 2. The contract was not void for want of mutuality. 94 Ark. 9. See, also, 18 N. E. 790; 106 U. S. 144; 96 Ark. 184. 3. The garnishment proceedings were no bar to this. 20 Cyc. 1101; 25 N. E. 1000; 37 Pa. St. 228. • The payment into court was not in full satisfaction. 78 N. W. 332; 34 Vt. 548; 58 N. H. 312; 41 Mich. 346; •14 Id. 374; 70 Ark. 127; 93…
1Opinion of the Court
WOOD, J.,
(after stating the facts). (1) The testimony of Breckenridge and also of Brashears was to tfye effect that they agreed to operate a year under the terms of the contract, and to manufacture all the ties they could within that time. It was understood between appellants and appellee that the contract was to run a year. The above testimony was competent, and the court erred in excluding it. The writing did not specify how long the same was to continue in force. The oral testimony offered made it clear that it was contemplated by the parties that the contract should be in operation for…
2Cases cited6 opinions
- Walnut Ridge Mercantile Co. v. CohnSupreme Court of Arkansas · 1906
- Thomas-Huycke-Martin Co. v. GraySupreme Court of Arkansas · 1910
- Brincefield v. AllenCourt of Appeals of Texas · 1901
- St. Louis, Iron Mountain & Southern Railway Co. v. Wynne Hoop & Cooperage Co.Supreme Court of Arkansas · 1907
- Case v. Phœnix Bridge Co.The Superior Court of the City of New York and Buffalo · 1890
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3Cited by4 opinions
- Wood v. HayeSupreme Court of Arkansas · 1943
- Albers Milling Co. v. DonaldsonDistrict Court, W.D. Arkansas · 1957
- Laney v. Faulkner County HospitalSupreme Court of Arkansas · 1927
- Tiger Bros. & Levine Mercantile Co. v. GriffinSupreme Court of Arkansas · 1922