St. Louis, Iron Mountain & Southern Railway Co. v. Clark
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Edward W. Wind eld, Judge; statement by the court. This suit was brought by G. W. Clark against St. Louis, Iron Mountain & Southern Railway Compány to recover damages for an alleged failure to furnish cars to haul away certain excavation material as it had agreed to do.
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Appeal from Pulaski Circuit Court, Second Division; Edward W. Wind eld, Judge; statement by the court. This suit was brought by G. W. Clark against St. Louis, Iron Mountain & Southern Railway Compány to recover damages for an alleged failure to furnish cars to haul away certain excavation material as it had agreed to do. Clark’s version of the agreement and the attendant circumstances is substantially as follows:- Certain real estate owners wished to'make excavations on their property on East Markham Street in the city of Little Rock, Arkansas, and consulted with the officials of St. Louis,…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is insisted by counsel for appellant that the contract in question is lacking in mutuality. We cannot assent to the soundness of that contention.
“Mutuality of -contract means that an obligation must rest on each party to -do or permit to be done -something in consideration of this act or promise of the other, that is, neither party is bound unless both are bound.” 7 Am. & Eng. Enc. of Law, (2d Ed.) p. 114. Continuing on the next page, the same writer says: “Just as there must be two or more parties who contract, so there must be some sort of mutual…
2Cases cited2 opinions
- Standard Life & Accident Insurance v. SchmaltzSupreme Court of Arkansas · 1899
- Henry v. StateSupreme Court of Arkansas · 1906
3Cited by9 opinions
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- Dark Tobacco Growers' Co-op. Ass'n v. MasonTennessee Supreme Court · 1923
- Townsend v. Standard Industries, Inc.Supreme Court of Arkansas · 1962
- Fulton Ferry & Bridge Co. v. BlackwoodSupreme Court of Arkansas · 1927
- Richardson v. SnipesCourt of Appeals of Tennessee · 1959
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