Bagnell Tie & Timber Co. v. Goodrich
Supreme Court of Arkansas
Appeal from White Circuit Court; Ranee N. Hutton, Judge; 1. The cause should have been transferred to equity. 8 Ark. 57; 22 Ark. 391; 31 Ark. 345; 48 Ark. 426; 49 Ark. 576; 51 Ark. 201. 2. Appellant’s first request for instruction should have 'been given.
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Appeal from White Circuit Court; Ranee N. Hutton, Judge; 1. The cause should have been transferred to equity. 8 Ark. 57; 22 Ark. 391; 31 Ark. 345; 48 Ark. 426; 49 Ark. 576; 51 Ark. 201. 2. Appellant’s first request for instruction should have 'been given. “An account rendered, if not objected to within a reasonable time, becomes an account stated, and can not after-wards be impeached by either party except for fraud or mistake.” 68 Ark. 534; 41 Ark. 502; 53 Ark. 155; 1 Am. & Eng. Enc. of L. (2 Ed.), 448, Tit. Accounts. 3. The cause should be reversed because of misconduct on the part of the…
1Opinion of the CourtRiddick, J.
This is an appeal from a judgment of the circuit court in favor of the plaintiff, George Goodrich, against the Bagnell Tie & Timber Company for $1047.4.8 for 'balance alleged to be due by the defendant to the plaintiff for railroad cross-ties sold and delivered by plaintiff to defendant.
The plaintiff in 1899 made a contract with -the defendant by which he undertook to have made and delivered to the defendant one hundred thousand or more standard oak cross-ties. For these ties, when delivered on the railroad, the company agreed to pay Goodrich 24 cents for each first-class tie and 9 cents for…
2Cases cited3 opinions
- Trapnall v. HillSupreme Court of Arkansas · 1876
- Wilburn v. StateSupreme Court of Arkansas · 1895
- Allen-West Commission Co. v. HudginsSupreme Court of Arkansas · 1905
3Cited by7 opinions
- Titan Oil & Gas, Inc. v. ShipleySupreme Court of Arkansas · 1975
- Ferguson v. RogersSupreme Court of Arkansas · 1917
- Burke Construction Co. v. Board of Improvement of Paving District No. 20Supreme Court of Arkansas · 1923
- Arkansas Fertilizer Co. v. BanksSupreme Court of Arkansas · 1910
- Harris v. RemmelSupreme Court of Arkansas · 1907
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