Wilkes v. Stacy
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court, Northern District; J. M. Jackson, Judge; STATEMENT BY THE COURT. Appellant sued to recover damages under the following complaint: “That the defendant, C. E. Stacy, and Charles N. Wilkes were engaged in the general merchandise business, under the firm name of Wilkes & Stacy, during the year 1911; that on the 29th of October the defendant sold to this plaintiff his entire interest in said store, this plaintiff thereby succeeding to said…
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Appeal from Woodruff Circuit Court, Northern District; J. M. Jackson, Judge; STATEMENT BY THE COURT. Appellant sued to recover damages under the following complaint: “That the defendant, C. E. Stacy, and Charles N. Wilkes were engaged in the general merchandise business, under the firm name of Wilkes & Stacy, during the year 1911; that on the 29th of October the defendant sold to this plaintiff his entire interest in said store, this plaintiff thereby succeeding to said business of Wilkes & Stacy, for the sum of $3,640 (which was paid to the defendant), and the further consideration of an…
1Opinion of the Court
Smith, J.,
(after stating the facts). The allegations of the complaint appear to be' more specific and definite than those contained in the exhibit. The complaint alleges the meaning of the term “furnishing trade” as used in the exhibit. The meaning of trade terms may be shown. The rule in such cases is stated in Lawson on Contracts, (2 ed.), § 390, p. 450.
“The customs of particular classes of men soon give to particular words different meanings from those which they may have among other classes, or in the community generally. Mercantile contracts are commonly framed in a language peculiar to…
2Cases cited6 opinions
- Lewis v. Atlas Mutual Life InsuranceSupreme Court of Missouri · 1876
- Wood v. KelseySupreme Court of Arkansas · 1909
- El Dorado Ice & Planing Mill Co. v. KinardSupreme Court of Arkansas · 1910
- Paepcke-Leicht Lumber Co. v. TalleySupreme Court of Arkansas · 1913
- Beekman Lumber Co. v. KittrellSupreme Court of Arkansas · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Brown & Hackney v. DaubsSupreme Court of Arkansas · 1919
- Gibson v. HeimanSupreme Court of Arkansas · 1977
- Les-Bil, Inc. v. General Waterworks Corp.Supreme Court of Arkansas · 1974
- Ellege v. HendersonSupreme Court of Arkansas · 1920
- Arkansas Amusement Corp. v. KempnerSupreme Court of Arkansas · 1930
10 more not listed; retrieve them via the Exa API.