Beattie v. Smith
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court; B. H. Dudley, Judge; 1. Tire court erred in its instructions to the jury. Nos. 1, 2 and 3 are erroneous, but No. 4 is especially objectionable and prejudicial. - So is No. 10. An. erroneous instruction is presumed to be prejudicial. 70 Ark. 79; 110 Id. 557; 64 Id. 505; 72 Id. 31. The instructions were contradictory. 83 Ark. 202. Plaintiff should have removed the timber within a reasonable time, and in that connection the ‘ ‘ facilities ”…
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Appeal from Crittenden Circuit Court; B. H. Dudley, Judge; 1. Tire court erred in its instructions to the jury. Nos. 1, 2 and 3 are erroneous, but No. 4 is especially objectionable and prejudicial. - So is No. 10. An. erroneous instruction is presumed to be prejudicial. 70 Ark. 79; 110 Id. 557; 64 Id. 505; 72 Id. 31. The instructions were contradictory. 83 Ark. 202. Plaintiff should have removed the timber within a reasonable time, and in that connection the ‘ ‘ facilities ” which he might have for performing the contract could not justly be taken into consideration by the jury -as instructed…
1Opinion of the CourtWood, J.
On July 23, 1918, «appellant sold to one Whittington, who was a partner of the appellees, Smith and Weaver, all the timber situated on a certain brake north of the town of Earle, in Crittenden County, for the sum of $225. Under the direction of Whittington, appellant told appellee, Smith, of the sale, and at appellant’s request, Smith gave appellant a check for' $225, the purchase price of the timber. On the check were written the words: “For timber in brake north side of Earle.” Appellant cashed the check, and in a few days thereafter appellee took possession of the brake and began cutting…
2Cases cited4 opinions
- Liston v. Chapman & Dewey Land Co.Supreme Court of Arkansas · 1905
- Ingham Lumber Co. v. IngersollSupreme Court of Arkansas · 1910
- Earl v. HarrisSupreme Court of Arkansas · 1911
- Burbridge v. Arkansas Lumber Co.Supreme Court of Arkansas · 1915
3Cited by4 opinions
- Hill v. VencillWest Virginia Supreme Court · 1922
- Stooksberry v. PiggSupreme Court of Arkansas · 1927
- Wilkinson v. JamesSupreme Court of Arkansas · 1924
- Kinney v. PattersonSupreme Court of Arkansas · 1955