Weaver & Weaver v. Fletcher & Hotze
Supreme Court of Arkansas
APPEAL PROM PULASKI CIRCUIT COURT. Hon. John Wiivtock, Circuit Judge. ■ We submit that the decision of the court below was erroneous on two grounds : First. Mistake of original transaction. See Baltimore etc., Steamboat Co., vs. Featherston, 54 Penn., (4) 77; Woodfin vs. Slader, (.Thill. N. C.) 1. 200. Second. It was a collateral substantive agreement, and as such can be proved by parol. Branch vs. Wilson, 12 Fa., 543. Part only was reduced to writing.
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APPEAL PROM PULASKI CIRCUIT COURT. Hon. John Wiivtock, Circuit Judge. ■ We submit that the decision of the court below was erroneous on two grounds : First. Mistake of original transaction. See Baltimore etc., Steamboat Co., vs. Featherston, 54 Penn., (4) 77; Woodfin vs. Slader, (.Thill. N. C.) 1. 200. Second. It was a collateral substantive agreement, and as such can be proved by parol. Branch vs. Wilson, 12 Fa., 543. Part only was reduced to writing. Cobb vs. Wallace, 5 Cold: (Tenn.) 138; Fox vs. Parker, 44 Barb., 541. The note was the written contract between the parties, and it is a well…
1Opinion of the CourtBennett, J.
Eletcher & Hotze sued appellants, in the Pulaski Circuit Court, upon their promissory note for $791 35. Appellants appeared and filed their ansAver, wherein they set forth that being indebted to the plaintiffs, Fletcher & Hotze, in a certain sum upon account, they delivered to plaintiffs an amount of cotton, which, at the time of delivery, Avas to be credited upon said account at the rate of fourteen cents per pound, hut, “ if there should he a rise in market when said cotton should be sold in value over and above fourteen cents', the defendants were to receive the benefit of said rise or its…
2Cases cited4 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- Spalding v. VandercookNew York Supreme Court · 1829
- KaneCourt for the Trial of Impeachments and Correction of Errors · 1831
- Branch v. WilsonSupreme Court of Florida · 1868
3Cited by5 opinions
- Wells v. Hocking Valley Coal Co.Supreme Court of Iowa · 1908
- Brown v. AquilinoCourt of Appeals of Arkansas · 1980
- Tillar v. WilsonSupreme Court of Arkansas · 1906
- Trumbull v. HarrisSupreme Court of Arkansas · 1912
- Hollan v. American Bank of Commerce & Trust Co.Supreme Court of Arkansas · 1923