Tipler-Grossman Lumber Co. v. Forrest City Box Co.
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; J. M. Jackson. Judge; 1. Plaintiff was not entitled to any so-called government priority orders as having the effect of releasing defendant from its contracts or justifying the cancellation of its contracts by defendant.
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Appeal from St. Francis Circuit Court; J. M. Jackson. Judge; 1. Plaintiff was not entitled to any so-called government priority orders as having the effect of releasing defendant from its contracts or justifying the cancellation of its contracts by defendant. If Mr. Seaton had had direct and preferential orders from the .government, that would not have authorized him to refuse to perform these contracts. 126 Ark. 46; 189 S. W. 654; Elliott on Contracts (2 ed.), §§ 1891, 1897; 148 Fed. 597; 244 Id. 250; 29 Ark. 330. 2. The court erred in its construction of the contract that the lumber was to…
1Opinion of the Court
McCulloch;, C. J.
This is an action instituted by appellant against appellee to recover damages for alleged breach of contract for the sale and delivery of lumber. Appellee denied that it had broken the contract, and alleged that the first breach was committed by appellant in failing to pay for lumber delivered under the contract. Appellee also filed a counterclaim for an unpaid balance in the sum of $323.14 for lumber sold and delivered. There was a trial of the issues before a jury, which resulted in a verdict in favor of appellee on its counterclaim for the recovery of three hundred and…
2Cases cited1 opinion
- Roxford Knitting Co. v. Moore & Tierney, Inc.Court of Appeals for the Second Circuit · 1920
3Cited by6 opinions
- Eastern Air Lines, Inc., Plaintiff-Appellant-Cross v. McDonnell Douglas Corporation, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1976
- Pacific Trading Co., Inc. v. Mouton Rice Milling CoCourt of Appeals for the Eighth Circuit · 1950
- Trannum v. GeorgeSupreme Court of Arkansas · 1947
- United States v. 1,070 Acres of LandDistrict Court, M.D. Georgia · 1943
- Arkansas State Game & Fish Commission v. KizerSupreme Court of Arkansas · 1952
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