Beekman Lumber Co. v. Kittrell
Supreme Court of Arkansas
Appeal from Ashley Circuit Court; Z. T. Wood, Judge; 1. There was a misjoinder of actions, and the special demurrer should have been sustained. 58 Ark. 136. Breaches of contract requiring different findings are independent causes of action, though arising on the same contract. 47 Mo. 7°; 47 Mo. 239; 51 la. 576. 2. L. W. Kittrell, not being a party to the contract with defendant, could not maintain this suit.
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Appeal from Ashley Circuit Court; Z. T. Wood, Judge; 1. There was a misjoinder of actions, and the special demurrer should have been sustained. 58 Ark. 136. Breaches of contract requiring different findings are independent causes of action, though arising on the same contract. 47 Mo. 7°; 47 Mo. 239; 51 la. 576. 2. L. W. Kittrell, not being a party to the contract with defendant, could not maintain this suit. Some privity between the plaintiff and the defendant must be shown. 12 Rich. (S. C.), 101; 76 Ark. 352. Declarations of an alleged agent are not competent in proof of his agency. 71 Ark.…
1Opinion of the CourtRiddick, J.
This is an action on contract brought by W. E. Kittrell for the use of his wife, L. W. Kittrell, against the Beekman Lumber Company, to recover damages for breach of contract. The facts, briefly stated, are as follows:
W. E.. Kittrell is the -husband of L. W. Kittrell. Mrs. Kittrell was in 1902 the owner of a planing mill plant located in Ashley County. The Beekman Lumber Company of Kansas City, Missouri,, was engaged in buying and shipping lumber in that county. In that year W. E. Kittrell made a written contract with the Beekman Lumber Company, by which he agreed to dress lumber for that…
2Cases cited1 opinion
- Spencer Medicine Co. v. HallSupreme Court of Arkansas · 1906
3Cited by24 opinions
- Ford Hardwood Lumber Co. v. ClementSupreme Court of Arkansas · 1911
- Hawthorne v. DavisSupreme Court of Arkansas · 1980
- Dixey v. Federal Compress & Warehouse Co.Court of Appeals for the Eighth Circuit · 1942
- Sumlin v. WoodsonSupreme Court of Arkansas · 1947
- Bell v. StateSupreme Court of Arkansas · 1910
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