Zearing v. Crawford, McGregor & Camby Co.
Supreme Court of Arkansas
Appeal from White Chancery .Court; John E. Martineau, Chancellor; 1. The court’s finding with reference to the estimate amounts in effect to making a “new contract between the parties, one which was never in contemplation by them.
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Appeal from White Chancery .Court; John E. Martineau, Chancellor; 1. The court’s finding with reference to the estimate amounts in effect to making a “new contract between the parties, one which was never in contemplation by them. Courts have no such power, but are limited to construing, reforming, enforcing or cancelling a contract — never to making a contract'. 2 Parsons on Contracts, (9 ed.) 651, 655. 2. .The evidence is not sufficient to justify a de'cree for specific performance. 3. The extension of the option.was without consideration and conferred no rights. 10 Mont. 5. 1. It is…
1Opinion of the CourtMcCulloch, C. J.
The Stoneman-Zearing Lumber Company (a corporation) owned a tract of timber land in White County, Arkansas, containing about 15,000 acres, and on September 20, 1906, entered into a written contract with appellee whereby it gave the latter an option to purchase the persimmon timber on said land. This is a suit instituted by appellee to compel specific performance of the contract, and after its institution appellant, Fannie M. Zearing, was appointed as receiver of the Stoneman-Zearing Lumber Company, and substituted as defendant. The contract (omitting' caption) reads as follows:
“That the…
2Cases cited2 opinions
- Indiana & Arkansas Lumber & Manufacturing Co. v. PharrSupreme Court of Arkansas · 1907
- Bonanza Mining & Smelter Co. v. WareSupreme Court of Arkansas · 1906
3Cited by12 opinions
- Crawford v. General Contract CorporationDistrict Court, W.D. Arkansas · 1959
- City of Crossett v. RilesSupreme Court of Arkansas · 1977
- Bailey v. FrankSupreme Court of Arkansas · 1926
- Ford v. FixSupreme Court of Arkansas · 1914
- Coleman v. VolentineSupreme Court of Arkansas · 1947
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