Arkansas Zinc & Smelting Corp. v. Silver Hollow Mining Co.
Supreme Court of Arkansas
Appeal from Marion Chancery Court; B. F. McMa-han, Chancellor; According to the character of the ore shipped, the schedule of prices provided in sections 9 and 10 of the contract governed, and the payments made on each shipment were calculated on the correct basis, and there was an accord and satisfaction. The checks sent in payment were received and cashed.
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Appeal from Marion Chancery Court; B. F. McMa-han, Chancellor; According to the character of the ore shipped, the schedule of prices provided in sections 9 and 10 of the contract governed, and the payments made on each shipment were calculated on the correct basis, and there was an accord and satisfaction. The checks sent in payment were received and cashed. Where there is any ambiguity in the contract, then the parties are bound by the construction which they themselves have placed upon it. 134 Ark. 542; 104 Id. 474; 98 Id. 425; 95 Id. 454; 46 Id. 131; 55 Id. 417; 52 Id. 73; 88 Id. 363.…
1Opinion of the CourtHumphreys, J.
Appellee instituted suit against appellant in the Marion Chancery Court to recover $2,-999.99 for an alleged balance due it on account of shipments .of zinc silicates and zinc sulphides under contract entered into between appellant and appellee on the 21st day of June, 1916. It was alleged that the payments made upon each shipment were erroneously calculated under the basis provided in sections 9 and 10 of the contract, instead of the basis provided in section 14 thereof; that the account between the parties is complicated, and that a correct accounting between them will require the aid of a…
2Cases cited1 opinion
- Longstreth v. HalterSupreme Court of Arkansas · 1916
3Cited by4 opinions
- Phillips Petroleum Co. v. Rau Const. Co.Court of Appeals for the Eighth Circuit · 1942
- Collier Commission Co. v. WrightSupreme Court of Arkansas · 1924
- Western Union Telegraph Co. v. Arkadelphia Milling Co.Supreme Court of Arkansas · 1923
- White v. Travelers Indemnity InsuranceSupreme Court of Arkansas · 1969