Stewart v. Scott
Supreme Court of Arkansas
APPEAL from Clark Circuit Court. Rufus D. Hearn, Judge. Stewart sued Scott upon a note and account given for merchandise and supplies aggregating about $3900. Scott pleaded a set-off for $5200 for the purchase of certain standing timber which he had sold to plaintiff, to be delivered at the stump. Some of the timber had been delivered when the suit was brought, but about half of the timber was still standing.
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APPEAL from Clark Circuit Court. Rufus D. Hearn, Judge. Stewart sued Scott upon a note and account given for merchandise and supplies aggregating about $3900. Scott pleaded a set-off for $5200 for the purchase of certain standing timber which he had sold to plaintiff, to be delivered at the stump. Some of the timber had been delivered when the suit was brought, but about half of the timber was still standing. At the time this contract was made there was a subsisting and unsatisfied mortgage from Scott to Shattuck & Hoffman, of New Orleans, covering the land upon which the timber was standing.…
1Opinion of the CourtCockrill, C. J.
1.- set-off— Unliquidated damages, It is conceded that the only questions arising upon this appeal relate to Scott’s set-off to Stewart s action against him. The set-off is based upon an agreement for the sale of timber to be delivered at the stump by Scott, the vendor, to Stewart. The purchase price was to be the cost of cutting and an agreed sum per thousand feet. The contract was in writing. After its execution, Stewart concluded that he could have the timber cut cheaper than Scott could, and expressed a determination to undertake it. Scott acquiesced. Stewart cut and appropriated about…
2Cases cited3 opinions
- Holland v. ReaMichigan Supreme Court · 1882
- Clause v. Bullock Printing Press Co.Illinois Supreme Court · 1886
- People v. CoxCalifornia Supreme Court · 1873
3Cited by6 opinions
- Moore v. TillmanSupreme Court of Arkansas · 1926
- B. A. Stevens Co. v. WhalenSupreme Court of Arkansas · 1910
- Harris v. CollinsSupreme Court of Arkansas · 1941
- McFadden v. BlockerCourt Of Appeals Of Indian Territory · 1899
- Suhs v. Homewood Rice Land SyndicateSupreme Court of Arkansas · 1917
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