Legal Opinion

Ferguson v. Rogers

Supreme Court of Arkansas

Decided May 14, 1917PublishedCited by 8 opinions

Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. On the facts the judgment should he reversed. 2. The demurrer should have been sustained. A revocation of an agreement of submission to arbitration may be revoked at any time before the award.. 166 Fed. 398; 82 Am. St. 943; 4 Elliott on Contracts, § 2947; 2 R. C. L., § 15, p. 366; 138 Am. St. 637, and note, pp. 640-649; 3 Cyc. 610; 11 Am. Dig. 64-72; 4 Cent.

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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. On the facts the judgment should he reversed. 2. The demurrer should have been sustained. A revocation of an agreement of submission to arbitration may be revoked at any time before the award.. 166 Fed. 398; 82 Am. St. 943; 4 Elliott on Contracts, § 2947; 2 R. C. L., § 15, p. 366; 138 Am. St. 637, and note, pp. 640-649; 3 Cyc. 610; 11 Am. Dig. 64-72; 4 Cent. Dig., § 130; 184 Fed. 404. The effect of the revocation is to restore the parties to their rights as they existed before the agreement. 2 R. C. L., % j 8, pp. 370-1; 4…

1Opinion of the CourtHumphreys, J.

Appellee filed a bill against W. B. Ferguson and appellant, C. E. Ferguson, in the Pulaski Chancery Court for a settlement and accounting growing cut of the shipment of twenty-eight car loads of lumber, between the 14th day of July, 1909, and the 21st day of February, 1910, from appellee’s sawmill at Reader, Arkansas, which shipments were the subject of an arbitration agreement signed by C. E. Ferguson, on the one part, and Geo. W. Rogers, individually, and for thé Reader Mill Company and Bank of Commerce, on the other part.

Separate demurrers and answers were filed to the bill by W. B. and C.…

2Cases cited1 opinion

  1. Bagnell Tie & Timber Co. v. GoodrichSupreme Court of Arkansas · 1907

3Cited by8 opinions

  1. Matter of AndersonCourt of Appeals of Maryland · 1974
  2. DuFresne v. PaulSupreme Court of Arkansas · 1920
  3. Delaware & Hudson R. Corporation v. WilliamsCourt of Appeals for the Seventh Circuit · 1942
  4. Ford Hardwood Lumber Co. v. BryantSupreme Court of Arkansas · 1929
  5. Childs v. Magnolia Petroleum Co.Supreme Court of Arkansas · 1935

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