Yellow Jacket Mining Co. v. Tegarden
Supreme Court of Arkansas
Appeal from Marion Chancery Court; T. H. Humphreys, Chancellor; STATEMENT BY THE COURT This is an action instituted by Tegarden Brothers to recover a balance of $4,000 alleged to be due for the purchase money of a concentrating plant constructed on certain land in Marion County, and to enforce a mechanics’ lien thereon. No question is raised as to the right to enforce the lien.
Read the full summary
Appeal from Marion Chancery Court; T. H. Humphreys, Chancellor; STATEMENT BY THE COURT This is an action instituted by Tegarden Brothers to recover a balance of $4,000 alleged to be due for the purchase money of a concentrating plant constructed on certain land in Marion County, and to enforce a mechanics’ lien thereon. No question is raised as to the right to enforce the lien. The defendant admitted the purchase of the property and that a balance of the purchase money was due thereon, but resisted recovery of the full amount sued for. It pleaded as a set-off a note for $445.66, and also a…
1Opinion of the Court
Frauenthal, J.,
(after stating the facts). We are of the opinion that the construction which the court placed upon the written contract is correct. The subject-matter of the contract of sale was a lot of machinery and appurtenances, constituting a concentrating mill which had been operated for several years. Before purchasing the property, defendant sent its representatives to examine same, which they did. It was second-hand property, and so known to defendant when it bought it. In determining the true meaning of this contract, it is necessary not only to take into consideration each of its…
2Cases cited6 opinions
- Earl v. HarrisSupreme Court of Arkansas · 1911
- Weed v. DyerSupreme Court of Arkansas · 1890
- St. Louis, Iron Mountain & Southern Railway Co. v. RainesSupreme Court of Arkansas · 1909
- Haskill v. SevierSupreme Court of Arkansas · 1867
- J. F. Hartin Commission Co. v. PeltSupreme Court of Arkansas · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Prowant v. SealySupreme Court of Oklahoma · 1919
- Arlington Hotel Co. v. RectorSupreme Court of Arkansas · 1916
- Bailey v. WhortonSupreme Court of Arkansas · 1944
- Hughes v. El Dorado Union Oil Co.Supreme Court of Arkansas · 1923
- Old City Iron Works v. BelmontSupreme Court of Arkansas · 1928