Mann v. Urquhart
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Edward W. Winfield, judge; statement by the court. Appellee, executrix of estate of E. Urquhart, deceased, sued appellant on the following promissory note: “$6250.00 Little Rock, October, 31, 1903. “Nine months after date I promise to pay to the order of E. Urquhart sixty-two hundred and fifty dollars at the Citizens’ Investment & Security Company’s office at Little Rock, 'Ark., value received, with interest.
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Appeal from Pulaski Circuit Court, Second Division; Edward W. Winfield, judge; statement by the court. Appellee, executrix of estate of E. Urquhart, deceased, sued appellant on the following promissory note: “$6250.00 Little Rock, October, 31, 1903. “Nine months after date I promise to pay to the order of E. Urquhart sixty-two hundred and fifty dollars at the Citizens’ Investment & Security Company’s office at Little Rock, 'Ark., value received, with interest. Due July 31, 1904. “George R. Mann.” The complaint recites that the interest was paid on the note February, 1905, and the note…
1Opinion of the Court
Wood, J.,
(after stating the facts.) In McDonough v. Williams, 77 Ark. 261, 272, this court said: “The terms of the contract of sale were evidenced by the letters and telegrams, and it was the duty of the court to construe the contract and declare its terms to- the jury.” So here the contract between appellant and Urquhart was evidenced by the letters and telegrams which passed between Miller, representing Urquhart, and appellant. These show beyond question that appellant was to have a fourth interest in the purchase from the beginning, that he .did not have the money to “go into” the…
2Cases cited5 opinions
- Brown v. SpilmanSupreme Court of the United States · 1895
- McDonough v. WilliamsSupreme Court of Arkansas · 1905
- Ex parte ConwaySupreme Court of Arkansas · 1842
- Price v. GoverCourt of Appeals of Maryland · 1874
- Pickering v. DemerrittMassachusetts Supreme Judicial Court · 1868
3Cited by20 opinions
- Paepcke-Leicht Lumber Co. v. TalleySupreme Court of Arkansas · 1913
- Sims v. MillerSupreme Court of Arkansas · 1922
- Kimbro v. WellsSupreme Court of Arkansas · 1914
- Winemiller v. PageSupreme Court of Oklahoma · 1919
- Elkins v. AlicevilleSupreme Court of Arkansas · 1926
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