Weil v. Chicago Pneumatic Tool Co.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. The contract was mutual, valid and binding, and could only be canceled as specified therein, and the court gave the clause as to loss of profits the wrong interpretation, one not intended by the parties, and erred in .instructing a verdict for appellee.
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Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. The contract was mutual, valid and binding, and could only be canceled as specified therein, and the court gave the clause as to loss of profits the wrong interpretation, one not intended by the parties, and erred in .instructing a verdict for appellee. The contract was mutual, and the 60-day clause as to notice was valid and did not destroy the mutuality. 113 Ark. 556-563; 6 R. C. L. 689; 240 Fed. 801; lb. 764-6; 250 Fed. 109; 157 Pac. 823; 145 N. W. 732; 174 111. App. 589. See also 161 N. Y. S. 808; 174 App. Div. 830; 58 L. R.…
1Opinion of the Court
SMITH. J.
The parties to this litigation entered into a contract which we copy in full, and for convenient reference we have numbered its paragraphs consecutively from 1 to 31. We set it out notwithstanding its extreme length because of the earnest insistence that all of its paragraphs must be read and construed together in order to arrive at the intent of the parties.
DEALER’S AGREEMENT between the
CHICAGO PNEUMATIC TOOL COMPANY
and
S. C. WEIL, Pine Bluff, Arkansas.
Expires May 31, 1918.
This agreement, made and entered into this first day of June, A. D. 1917, by and between the Chicago Pneumatic…
2Cases cited3 opinions
- Velie Motor Car Co. v. Kopmeier Motor Car Co.Court of Appeals for the Seventh Circuit · 1912
- Oakland Motor Car Co. v. Indiana Automobile Co.Court of Appeals for the Seventh Circuit · 1912
- Wilson v. Studebaker Corp. of AmericaDistrict Court, E.D. Pennsylvania · 1917
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- Moore v. First National Bank of Hot SpringsCourt of Appeals of Arkansas · 1981
- Swafford v. Sealtest Foods Division of National Dairy Products Corp.Supreme Court of Arkansas · 1972
- New England Oil Corp. v. Island Oil Marketing Corp.Court of Appeals for the Fourth Circuit · 1923
- Silbernagel v. Hirsch Distilling Co.Court of Appeals for the Eighth Circuit · 1938
- International Shoe Company v. KingSupreme Court of Arkansas · 1933
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