Magnolia Compress Co. v. Smith
Supreme Court of Arkansas
Appeal from Columbia Circuit Court. Charles W. Smith, Judge. STATEMENT BY THE COURT. This was a suit brought by the appellee, D. R. Smith, against the appellant, Magnolia Compress Company, for the recovery of the value óf a lot of lumber furnished the appellant by the appellee.
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Appeal from Columbia Circuit Court. Charles W. Smith, Judge. STATEMENT BY THE COURT. This was a suit brought by the appellee, D. R. Smith, against the appellant, Magnolia Compress Company, for the recovery of the value óf a lot of lumber furnished the appellant by the appellee. The complaint alleged that appellee furnished the appellant 40,000 feet of rough lumber, worth $9 per thousand feet, towit: $360. That he also furnished defendant 44,000 feet dressed lumber, worth $10 per thousand feet, towit: $440. That there has been paid on said amounts the sum of $630, and there are now due…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The first question presented on this appeal is, conceding that appellant violated the second clause of the contract in evidence by purchasing a car load of lumber from a third party which was used by appellant in erecting its building, did this give appellee the right to ignore the terms of the contract as to the price of lumber which he had furnished, and to sue appellant therefor upon quantum meruit? The second clause reads: “It is also agreed that the parties of the first part shall have the bill of any other lumber that the Compress Company may need in…
2Cases cited3 opinions
- Weintz v. HafnerIllinois Supreme Court · 1875
- Eastern Arkansas Hedge Fence Co. v. TannerSupreme Court of Arkansas · 1899
- Gatlin v. WilcoxSupreme Court of Arkansas · 1870
3Cited by1 opinion
- S. A. Stone Co. v. Davis MooreCourt of Appeals of Texas · 1915