Glasscock v. Rosengrant
Supreme Court of Arkansas
APPEAL from Greene Circuit Court. J. E. Riddick, Judge. In January, 1884, Glasscock sold to Rosengrant the standing oak timber of prescribed dimensions on a large body of lands situated in township seventeen north and range seven east and in several other townships named.
Read the full summary
APPEAL from Greene Circuit Court. J. E. Riddick, Judge. In January, 1884, Glasscock sold to Rosengrant the standing oak timber of prescribed dimensions on a large body of lands situated in township seventeen north and range seven east and in several other townships named. By the contract, which was reduced to writing, it was provided that the standing trees should be counted, marked and paid for in 1884. The contract contained, in substance, the following among other provisions: Eighth. It is stipulated that no part of the timber or ■staves made therefrom in township 17 north, range 7 east,…
1Opinion of the CourtMansfield, J.
1. when-voi tintary payments be recov1. This action was brought to recover back the sum ° of $1708.27, which the complaint alleges was paid to the defendant in excess of the amount due • to him for all the staves and timbers received by the plaintiff under the written contract of the parties entered into on the 4th day of February, 1884, and exhibited with the defendant’s answer. As the plaintiff rested his right to recover upon the ground that the sum demanded was paid on a consideration that had failed, or under an agreement cancelled by mutual consent, the fact that the payment was made…
2Cited by14 opinions
- Nilson v. JonesboroSupreme Court of Arkansas · 1893
- Kirchman v. Tuffli Bros. Pig Iron & Coke Co.Supreme Court of Arkansas · 1909
- Doup v. AlmandSupreme Court of Arkansas · 1948
- Johnson v. CookWashington Supreme Court · 1901
- Stillwell v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1904
9 more not listed; retrieve them via the Exa API.