Little Rock Lumber & Manufacturing Co. v. Boynton & Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit -Court, Third Division; G. W. Hendricks, Judge; 1. The court erred in instructing a verdict for the plaintiff because (1) no contract of purchase was shown; (2) there was no evidence showing the market price of lumber in Chicago, the place of delivery; (3) appellant did not show by the testimony either the time of breach of the contract -or the market price of lumber at the time of the breach. 2. The court erred in permitting S. W. Rogers,…
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Appeal from Pulaski Circuit -Court, Third Division; G. W. Hendricks, Judge; 1. The court erred in instructing a verdict for the plaintiff because (1) no contract of purchase was shown; (2) there was no evidence showing the market price of lumber in Chicago, the place of delivery; (3) appellant did not show by the testimony either the time of breach of the contract -or the market price of lumber at the time of the breach. 2. The court erred in permitting S. W. Rogers, attorney for appellee, to read in evidence the letters set out in the abstract. There was no meeting of minds and no contract.…
1Opinion of the CourtHart, J.
Appellee sued appellant to recover damages for an alleged breach of contract for the sale of a car of lumber by the latter to the former. The court directed a verdict in the sum of $195 in favor of appellee, and the case is here on appeal.
It is first insisted by counsel for appellant that the court erred in directing a verdict for appellee because no contract of purchase was shown. We can not agree with' courisel in this contention. On - the 13th dáy of November, 1916, appellee sent to appellant atí.order for a car of oak lumber and directed that the car should- be routed to it at Chicago via…
2Cases cited2 opinions
- Lanier v. Little Rock Cooperage Co.Supreme Court of Arkansas · 1909
- Southern Cotton Oil Co. v. FrauenthalSupreme Court of Arkansas · 1920
3Cited by2 opinions
- Continental Grain Co. v. Simpson Feed Co.District Court, E.D. Arkansas · 1951
- Jerome Hardwood Lumber Co. v. Davis Bros. Lumber Co.Supreme Court of Arkansas · 1923