Barr Cash & Package Carrier Co. v. Brooks-Ozan Mercantile Co.
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Joel D. Conway, Judge; STATEMENT by The court. The appellant sued the appellee on a written contract whereby- it was agreed that appellant should erect for appellee a system of five stations of cash and package carriers.
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Appeal from Nevada Circuit Court; Joel D. Conway, Judge; STATEMENT by The court. The appellant sued the appellee on a written contract whereby- it was agreed that appellant should erect for appellee a system of five stations of cash and package carriers. The contract provides that, oh certain terms and for a consideration named, the appellant should lease to the appellee for five years a system of five stations of cash carriers, and should place the same in good working order in the ■ store room of appellee within fifteen days after April 23, 1903, the date of the contract. It is alleged that…
1Opinion of the CourtWood, J.
(after stating the facts.) In Ware v. Allen, 128 U. S. 590-95 Mr. Justice Miller, in speaking for the court, said: “We are of the opinion that this evidence shows that the contract upon which this suit is brought never went into effect; that the condition upon which it was to become operative never occurred, and that it is not a question of contradicting or varying a written instrument by parol testimony, but that it is one of that class of cases, well recognized in the law, by which an instrument whether delivered to a third person as an escrow, or to the obligee in it, is made to depend, as…
2Cases cited4 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Ware v. AllenSupreme Court of the United States · 1888
- Graham v. RemmelSupreme Court of Arkansas · 1905
- State v. WallisSupreme Court of Arkansas · 1892
3Cited by12 opinions
- Reynolds v. AshabrannerSupreme Court of Arkansas · 1949
- American Sales Book Co. v. WhitakerSupreme Court of Arkansas · 1911
- Arkansas Valley Feed Mills, Inc. v. Fox De Luxe Foods, Inc.District Court, W.D. Arkansas · 1959
- Main v. OliverSupreme Court of Arkansas · 1908
- Southern Wooden Box, Inc. v. Ozark Hardwood Manufacturing Co.Supreme Court of Arkansas · 1956
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