Attridge v. Smith
Supreme Court of Arkansas
Appeal from Yell Chancery Court, Dardanelle District; Jermiah G. Wallace, Chancellor; 1. There was no such breach of the contract as entitled appellee to terminate it, unless appellants by words or acts manifested an intention not to perform. 78 Ark. 336. 2. If there was a breach by appellants, it was waived by virtue of the notice given by appellee on December 1, 1907, to proceed under the contract to remove the timber from certain parts of the land. 3 Page on Contracts, §…
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Appeal from Yell Chancery Court, Dardanelle District; Jermiah G. Wallace, Chancellor; 1. There was no such breach of the contract as entitled appellee to terminate it, unless appellants by words or acts manifested an intention not to perform. 78 Ark. 336. 2. If there was a breach by appellants, it was waived by virtue of the notice given by appellee on December 1, 1907, to proceed under the contract to remove the timber from certain parts of the land. 3 Page on Contracts, § 1494, and cases cited. Before a breach of a contract will have the effect of discharging the other party to it, the…
1Opinion of the CourtMcCulloch, C. J.
Appellee was the owner of a large tract of timber land in Yell County, Arkansas, and on May 23, 1907, entered into a written contract with appellants whereby he sold the timber to them for stipulated prices per thousand feet, payments to be made on semi-monthly inspections and itemized statement “giving number of pieces, sizes, kind of stock manufactured, and number of feet.” The contract provided that appellants should manufacture the timber already cut by appellee before the same became damaged, and to use diligence in cutting and manufacturing the timber, and that no other timber should be…
2Cases cited4 opinions
- Cheney v. LibbySupreme Court of the United States · 1890
- Spencer Medicine Co. v. HallSupreme Court of Arkansas · 1906
- Singer Manufacturing Co. v. W. D. Reeves Lumber Co.Supreme Court of Arkansas · 1910
- Nelson v. HirschbergSupreme Court of Arkansas · 1901
3Cited by2 opinions
- Hayes v. City of Kansas CitySupreme Court of Missouri · 1951
- Continental Grain Co. v. Simpson Feed Co.District Court, E.D. Arkansas · 1951