Blackwood v. Liebke
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; Hance N. HtJton, judge; statement by the court. This suit grew out of the following contract: “This agreement made this 7th day of August, 1905, between G. T. Blackwood, party of the first part, and C. F. Leibke, party of the second part, witnesseth: “First party hereby grants, bargáins and sells to second party all the merchantable ash timber standing on first party’s land in State and county aforesaid in consideration of the sum of three…
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Appeal from Phillips Circuit Court; Hance N. HtJton, judge; statement by the court. This suit grew out of the following contract: “This agreement made this 7th day of August, 1905, between G. T. Blackwood, party of the first part, and C. F. Leibke, party of the second part, witnesseth: “First party hereby grants, bargáins and sells to second party all the merchantable ash timber standing on first party’s land in State and county aforesaid in consideration of the sum of three dollars and fifty cents ($3.50) per thousand feet, and in further consideration of said sum grants to second party…
1Opinion of the Court
Hilt, C. J.,
(after stating the facts.) The sole question presented on ■ this appeal is whether the stipulation in the contract for the payment of $1 per tree for all the merchantable trees, of the dimensions mentioned in the contract, is a penalty or whether it is stipulated damages. The-circuit court held it was a penalty, and the plaintiff (appellant here) contends that it was stipulated damages.
A learned discussion as to when agreements in contracts will be treated as stipulated damages and when as penalties, by Mr. Chief Justice Watkins, may be found in the case of Williams v. Green, 14…
2Cases cited5 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Nilson v. JonesboroSupreme Court of Arkansas · 1893
- Williams v. GreenSupreme Court of Arkansas · 1854
- Stillwell v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1904
- Lincoln v. Little Rock Granite Co.Supreme Court of Arkansas · 1892
3Cited by10 opinions
- Hanlon Drydock & Shipbuilding Co. v. G. W. McNear, Inc.California Court of Appeal · 1924
- Robbins v. PlantSupreme Court of Arkansas · 1927
- Kimbro v. WellsSupreme Court of Arkansas · 1914
- Phillips v. Ben M. Hogan Co., Inc.Court of Appeals of Arkansas · 1980
- Manufacturers Casualty Insurance v. Sho-Me Power Corp.District Court, W.D. Missouri · 1957
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