Long-Bell Lumber Co. v. Stump
Court of Appeals for the Eighth Circuit
In Error to tbe Circuit Court of tbe United States for tbe Western District of Arkansas. The Petross-Stump Lumber Company is a voluntary association conducting in the state of Arkansas and tbe Indian Territory the business of manufacturing and selling lumber.
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In Error to tbe Circuit Court of tbe United States for tbe Western District of Arkansas. The Petross-Stump Lumber Company is a voluntary association conducting in the state of Arkansas and tbe Indian Territory the business of manufacturing and selling lumber. The Long-Bell Lumber Company is a Missouri corporation, with its principal business office at Kansas City, Mo., with an agency at Van Burén, Ark., where the lumber in question was principally shipped after having been milled. On the 17th day of November, 1893, these companies entered into the following contract: "Memorandum of agreement…
1Opinion of the CourtPhilips, District Judge
The conservative rule in instructing a jury is to confine the charge to the real and decisive issues in the case. By so doing, mere discursive discussion of abstract questions is avoided, whereby the minds of jurors are often diverted to the consideration of improper issues, ealcu-*578lated to mislead to tbe prejudice of one of tbe parties. If there was no estoppel in tbe case, as claimed by defendant, tbe vital question at issue was whether or not any of tbe lumber, and bow much, was un-merchantable. This was a fact to be determined by tbe method stated in tbe contract, to wit, “Subject to tbe…
2Cases cited13 opinions
- Chicago v. SheldonSupreme Court of the United States · 1870
- Topliff v. TopliffSupreme Court of the United States · 1887
- Wiggins v. BurkhamSupreme Court of the United States · 1870
- Oil Co. v. Van EttenSupreme Court of the United States · 1882
- Lockwood v. . ThorneNew York Court of Appeals · 1854
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3Cited by22 opinions
- Glover v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- Uinta Tunnel, Min. & Transp. Co. v. Ajax Gold Min. Co.Court of Appeals for the Eighth Circuit · 1905
- Guaranty Trust Co. of New York v. KoehlerCourt of Appeals for the Eighth Circuit · 1912
- Michigan Home Colony Co. v. TaborCourt of Appeals for the Eighth Circuit · 1905
- Davis v. StateAlabama Court of Appeals · 1958
17 more not listed; retrieve them via the Exa API.