Chas. F. Luehrmann Hardwood Lumber Co. v. Coats & Green
Supreme Court of Arkansas
Appeal from Lawrence Chancery Court, Eastern District; Lyman F. Reeder, Chancellor; 1. According to the finding of the court below the lumber replevied belonged to appellant. They had bought it, inspected it, taken possession of, tagged and insured it. It was their property and if it had been fully paid for appellant would be entitled to judgment against appellee for its full value.
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Appeal from Lawrence Chancery Court, Eastern District; Lyman F. Reeder, Chancellor; 1. According to the finding of the court below the lumber replevied belonged to appellant. They had bought it, inspected it, taken possession of, tagged and insured it. It was their property and if it had been fully paid for appellant would be entitled to judgment against appellee for its full value. As it had not been fully paid for, and as the payments that had been made on it were applied to the payment of the lumber received by appellant, appellant is entitled to judgment against appellees for the…
1Opinion of the CourtSmith, J.
Appellant is a corporation, with its situs in St. Louis, Missouri, and is a dealer in lumber. Appellees were a copartnership, and owned and operated a sawmill at Ponder’s Switch, about six miles east of Hoxie on the Frisco railroad. Appellant and appellees entered into a contract in writing on June 6, 1917, whereby appellees, for a priece there specified, agreed to saw for appellant 400,000 feet of gum lumber. The contract contained the following provisions:
“To begin cutting by 1st of July, and complete the order in three months. Lumber to remain on sticks, from 90 to 120 days, or as ordered…
2Cases cited3 opinions
- Harris Lumber Co. v. Wheeler Lumber Co.Supreme Court of Arkansas · 1908
- John A. Gauger & Co. v. Sawyer & Austin Lumber Co.Supreme Court of Arkansas · 1908
- Rodgers v. WiseSupreme Court of Arkansas · 1913