Harris Lumber Co. v. Wheeler Lumber Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; statement by the court. This suit was begun by appellant against appellee in a justice’s court for a balance alleged to be due on lumber which appellant had sold appellee.
Read the full summary
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; statement by the court. This suit was begun by appellant against appellee in a justice’s court for a balance alleged to be due on lumber which appellant had sold appellee. The amount claimed was $100. Appellee denied orally that it was indebted to appellant in any sum, but claimed that appellant was indebted to it on account of a breach of the contract made between appellant and appellee in regard to sale of lumber, in the sum of $175. In a written reply to this oral claim appellant denies that appellee ‘has been…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The contract under consideration was severable, and the court erred in not so treating it. Although the contract called for the shipment of eleven car loads of lumber, yet the undisputed evidence is that it was to be shipped from time to time in car lots, and each car load was to be billed separately and the amount of purchase price for the lumber contained in each car was due and to be paid sixty days after delivery. Where the price to be paid is clearly and distinctly apportioned to different .parts of what is to be performed, although the whole is in its…
2Cases cited15 opinions
- Nichols v. Scranton Steel Co.New York Court of Appeals · 1893
- Jones v. . JuddNew York Court of Appeals · 1850
- Mead v. DegolyerNew York Supreme Court · 1837
- Spencer Medicine Co. v. HallSupreme Court of Arkansas · 1906
- McGrath v. GegnerCourt of Appeals of Maryland · 1893
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ford Hardwood Lumber Co. v. ClementSupreme Court of Arkansas · 1911
- Tedstrom v. PuddephattSupreme Court of Arkansas · 1911
- Berman v. ShelbySupreme Court of Arkansas · 1910
- Auer & Twitchell v. Robertson Paper Co.Supreme Court of Vermont · 1920
- Carr v. Hahn & CarterSupreme Court of Arkansas · 1918
9 more not listed; retrieve them via the Exa API.