Bryant Lumber Co. v. Crist
Supreme Court of Arkansas
Appeal from Perry Circuit Court; Robert J. Lea, Judge; I. The evidence is too vague, indefinite and uncertain to support the verdict. 2. The contract had been fully discharged, before the death of appellee’s intestate, by the payment of $527 in cash and assignment of the lease for 1903 and 1904. 3. The requirements for merchantable timber were much more strict during the period covered by the contract than in 1906 or at the time of the trial, and appellants were entitled to…
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Appeal from Perry Circuit Court; Robert J. Lea, Judge; I. The evidence is too vague, indefinite and uncertain to support the verdict. 2. The contract had been fully discharged, before the death of appellee’s intestate, by the payment of $527 in cash and assignment of the lease for 1903 and 1904. 3. The requirements for merchantable timber were much more strict during the period covered by the contract than in 1906 or at the time of the trial, and appellants were entitled to the instruction asked for presenting this theory of their defense. 50 Ark. 549. 4. The refusal to give appellant’s sixth…
1Opinion of the CourtHill, C. J.
W. H. Blackwell owned a tract of timber land in Perry County, and on December 1, 1896, sold the timber thereon to J. M. Crist. The timber was to be cut and removed by December 1, 1904. Crist took possession of the land, and cut some timber therefrom. On the 19th of February, 1901, he entered into a written contract with B. Faisst by which he sold Faisst all the merchantable timber suitable for making lumber upon said lands.
The terms of payment were provided in said contract, including the payment to the heirs of Blackwell for the amount which would accrue to them under the terms of the…
2Cases cited1 opinion
- Benjamin v. BirminghamSupreme Court of Arkansas · 1887
3Cited by7 opinions
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- Beatrice Creamery Co. v. GarnerSupreme Court of Arkansas · 1915
- Threlkeld v. Baptist HospitalSupreme Court of Arkansas · 1928
- Security Insurance v. JaggersSupreme Court of Arkansas · 1915
- Argonaut Insurance v. HooperCourt of Appeals of Arkansas · 1980
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