Edgar Lumber Co. v. Cornie Stave Co.
Supreme Court of Arkansas
Appeal from Union Circuit Court; George W. Hays, Judge; statement by the court. T-his suit was instituted in the Union Circuit Court by the Cornie Stave Company against the Edgar Lumber Company to recover damages in the sum of $972.11 for an alleged breach of contract. Both parties are corporations duly organized under the laws of the State of Arkansas.
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Appeal from Union Circuit Court; George W. Hays, Judge; statement by the court. T-his suit was instituted in the Union Circuit Court by the Cornie Stave Company against the Edgar Lumber Company to recover damages in the sum of $972.11 for an alleged breach of contract. Both parties are corporations duly organized under the laws of the State of Arkansas. The contract of June 25, 1902, having expired by its own terms, this suit was brought on the second contract, which is as follows: “Th-is contract and agreement made and entered into by and between the H. C. McDaniel Lumber Company, of Wesson,…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is earnestly insisted by counsel for appellant that the contract in question is illegal and void as being in restraint of trade. It is well settled that agreements by common carriers which interfere with the performance of their duties to the public are illegal and void as being contrary to public policy. 9 Cyc. 498. No one has a right to enter into a contract where the obligation imposed by it can not be performed by the other party without a violation of law; but we do not think the rule has any application to the facts adduced in evidence in the case…
2Cited by19 opinions
- McIntyre v. HarrisonSupreme Court of Georgia · 1931
- Orkin Exterminating Co. v. MurrellSupreme Court of Arkansas · 1947
- Evans Laboratories, Inc. v. MelderSupreme Court of Arkansas · 1978
- Girard v. Rebsamen InsuranceCourt of Appeals of Arkansas · 1985
- Shapard v. LesserSupreme Court of Arkansas · 1917
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