Bluff City Lumber Co. v. Hilson
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; Defendant should have been permitted to introduce proof to show that plaintiff did not deliver lumber, according to the contract. The answer, liberally construed, would permit the introduction of such proof; if not sufficient, then the defendant should have been permitted to amend its answer.
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; Defendant should have been permitted to introduce proof to show that plaintiff did not deliver lumber, according to the contract. The answer, liberally construed, would permit the introduction of such proof; if not sufficient, then the defendant should have been permitted to amend its answer. Kirby’s Digest, § § 6140, 6145, 6148; 58 Ark. 504; 64 Ark. 253; 29 Ark. 323; 53 Ark. 263; 59 Ark. 317.; 67 Ark. 142. It is only where the trial court abuses its discretion with reference to amendments to pleadings that this court will…
1Opinion of the CourtMcCurroch, J.
This is an action instituted by Jacob Hilson, as surviving partner of the firm of J. & H. Hilson, against Bluff City Lumber Company to recover on account for lumber sold and delivered to the defendant. The complaint states that the lumber was sold and delivered by the firm of J. & H. Hilson to defendant under a verbal contract whereby the defendant, through its agent, one Murray, agreed to take “all the lumber of said firm, mill run, f. o. b. cars at Pinnacle, Arkansas, at the price of $10.50 per thousand feet.” The itemized account exhibited in the complaint showed a total amount of…
2Cases cited2 opinions
- Beal & Doyle Dry Goods Co. v. BartonSupreme Court of Arkansas · 1906
- Mooney v. TylerSupreme Court of Arkansas · 1900
3Cited by4 opinions
- Austin v. Dermott Canning Co.Supreme Court of Arkansas · 1931
- American Bonding Co. v. MorrisSupreme Court of Arkansas · 1912
- Chiles v. Mann & MannSupreme Court of Arkansas · 1966
- Gardner v. Farmers Electric Co-op. Corp.Supreme Court of Arkansas · 1960