Trumann Cooperage Co. v. Crye
Supreme Court of Arkansas
Appeal from Poinsett Circuit Court; R. H. Dudley, Judge; 1. The conduct of plaintiff subsequent to the settlement estopped him from pleading its invalidity.
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Appeal from Poinsett Circuit Court; R. H. Dudley, Judge; 1. The conduct of plaintiff subsequent to the settlement estopped him from pleading its invalidity. If he was not in mental condition to make a settlement then he had a right to ignore it and sue for damages, but after becoming fully aware of everything done he cannot continue to approve the settlement, receive continued benefits under the contract and when it had been fully performed by appellant repudiate it and sue for damages. 115 Ark. 238 (248); 12 C. J., p. 355, § 55; 101 Minn. 439; 112 N. W. 1501; 2 So. 302; 56 Ala. 375; 48 Pac.…
1Opinion of the CourtWood, J.
The appellee instituted this action against the appellant. Appellee alleged that he was in the employ of the company helping to construct tunnels for steaming staves; that he was under the direction of his foreman; that while engaged in the work one of the walls fell on him and injured him severely; that his injury was caused by the negligence of the company in failing to brace the walls, and in failing to secure them to the foundation, and to have them level on the foundation. That the appellee was ignorant of these conditions; that after the injury the appellant company sent the appellee to…
2Cases cited4 opinions
- Southern Cotton Oil Co. v. SpottsSupreme Court of Arkansas · 1906
- A. L. Clark Lumber Co. v. NorthcuttSupreme Court of Arkansas · 1910
- Asher v. ByrnesSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. SandidgeSupreme Court of Arkansas · 1907
3Cited by4 opinions
- Briant v. Carl-Lee Bros.Supreme Court of Arkansas · 1923
- Power Manufacturing Company v. SaundersSupreme Court of Arkansas · 1925
- United Insurance Co. of America v. WallSupreme Court of Arkansas · 1961
- Missouri Pacific Railroad v. BerrySupreme Court of Arkansas · 1922