Pittsburg Steel Co. v. Wood
Supreme Court of Arkansas
Appeal from Union Circuit Court; George W. Hays, Judge; It was improper to submit the contract to the jury for interpretation, because it was susceptible of but one reasonable construction, and that construction is the natural meaning of the words used in it. There was no oral testimony that either explained, altered or varied it or that threw any light on its meaning in any way.
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Appeal from Union Circuit Court; George W. Hays, Judge; It was improper to submit the contract to the jury for interpretation, because it was susceptible of but one reasonable construction, and that construction is the natural meaning of the words used in it. There was no oral testimony that either explained, altered or varied it or that threw any light on its meaning in any way. Its construction was wholly a matter for the court. 20 Ark. 583; 67 Ark. 553; 75 Ark. 55; 9 Cyc. 591; 53 Ark. 156. If there is any conflict between the clauses, “Fencing 73 per cent off list, f. o. b. Memphis,…
1Opinion of the CourtKirby, J.
Appellant company sued W. S. Wood in the justice court to recover a balance of $39.86, claimed to be due on some merchandise shipped by it from Memphis to him at Strong, Arkansas, consisting of fencing, wire, nails and staples. On appeal to the circuit court, judgment was rendered in favor of Wood, from which judgment appellant brings this appeal. The amount sued for was the exact amount of the freight charges from Memphis,- Tenn., the point of shipment, to the point of destination, Strong, Arkansas. Appellant claims the fencing was sold to him at an agreed price, f. o.. b. Memphis, Tenn.,…
2Cases cited8 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Vaugine v. TaylorSupreme Court of Arkansas · 1856
- Arkansas Fire Insurance v. WilsonSupreme Court of Arkansas · 1900
- Railway v. WilliamsSupreme Court of Arkansas · 1890
- Dugan v. KellySupreme Court of Arkansas · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- Carmichael v. Nationwide Life InsuranceSupreme Court of Arkansas · 1991
- Neill v. Nationwide Mutual Fire InsuranceSupreme Court of Arkansas · 2003
- Dodson v. AbercrombieSupreme Court of Arkansas · 1948
- Floyd v. Otter Creek Homeowners Ass'nCourt of Appeals of Arkansas · 1988
5 more not listed; retrieve them via the Exa API.