Alf Bennett Lumber Co. v. Walnut Lake Cypress Co.
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURT. Appellee Walnut Lake Cypress Company was a corporation organized under the laws of the State of Arkansas on February 16, 1907. Its stockholders were E. P. Ladd, C. S. Bacon, W. B. Craft and R. E. Schulze. Mr. Ladd was president, and Mr. Craft was secretary and treasurer, and was in the active management of the business.
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Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURT. Appellee Walnut Lake Cypress Company was a corporation organized under the laws of the State of Arkansas on February 16, 1907. Its stockholders were E. P. Ladd, C. S. Bacon, W. B. Craft and R. E. Schulze. Mr. Ladd was president, and Mr. Craft was secretary and treasurer, and was in the active management of the business. It does not appear that the other two stockholders took any active part in the business. The corporation was organized for the purpose of owning and operating a saw mill for the…
1Opinion of the Court
Hart, J.,
(after stating the facts). The right of appellant to recover in this case depends upon the construction of the ninth clause of the contract, which is as follows: “This contract shall be and remain in force and effect as long as the party of the first part is operating their plant at that point, and until all the timber they now own and shall in future purchase shall have been cut into lumber.”
The purpose of all interpretation is to ascertain and give effect to the intention of the parties to the contract as expressed by their writing, and in doing this it is necessary to consider the…
2Cases cited8 opinions
- Lewis v. Atlas Mutual Life InsuranceSupreme Court of Missouri · 1876
- Spencer Medicine Co. v. HallSupreme Court of Arkansas · 1906
- Mississippi River Logging Co. v. RobsonCourt of Appeals for the Eighth Circuit · 1895
- Ford Hardwood Lumber Co. v. ClementSupreme Court of Arkansas · 1911
- Grayson-McLeod Lumber Co. v. SlackSupreme Court of Arkansas · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Arlington Hotel Co. v. RectorSupreme Court of Arkansas · 1916
- Shapard v. LesserSupreme Court of Arkansas · 1917
- Clear Creek Oil & Gas Co. v. BrunkSupreme Court of Arkansas · 1923
- Southern Pipe Coating, Inc. v. Spear & Wood Mfg. Co.Supreme Court of Arkansas · 1963
- Hastings Industrial Co. v. CopelandSupreme Court of Arkansas · 1914
14 more not listed; retrieve them via the Exa API.