Ashley, Drew & Northern Railway Co. v. Baggott & Boyd
Supreme Court of Arkansas
Appeal from Drew ■ Circuit Court; Turner Butler, Judge; The contract was too uncertain and indefinite to be enforceable, and was wanting in mutuality. ■ 6 R. C. L. 644; 86 Ark. 97; 70 Id. 568; 23 Id. 63; 100 Id. 510; 5 Am. St. 103; 7 Am. and Eng. Enc. Law (2 ed.), 114; 90 Ark. 504;‘64 Id. 398. The .contract was sufficiently definite to be enforced. On the strength of the contract plaintiffs equipped themselves to do the work, and expended their money on the faith thereof.
Read the full summary
Appeal from Drew ■ Circuit Court; Turner Butler, Judge; The contract was too uncertain and indefinite to be enforceable, and was wanting in mutuality. ■ 6 R. C. L. 644; 86 Ark. 97; 70 Id. 568; 23 Id. 63; 100 Id. 510; 5 Am. St. 103; 7 Am. and Eng. Enc. Law (2 ed.), 114; 90 Ark. 504;‘64 Id. 398. The .contract was sufficiently definite to be enforced. On the strength of the contract plaintiffs equipped themselves to do the work, and expended their money on the faith thereof. There was a consideration and mutuality. 70 Ark. 232; 56 Id. 188; 91 Id. 367; 110 U. S. 338; 95 Ark. 421;-105 Id. 580; 9…
1Opinion of the CourtHart, J.
Baggott & Boyd sued Ashley, Drew & Northern Railway Company to recover damages for an alleged breach of contract.
The railway company operated a line of road from Crossett to Monticello, in Arkansas, and R. O. Roy was its president and general manager. Baggott & Boyd formed a partnership to do automobile repairing and located their shop near the terminal of the defendant’s railroad in Monticello.
F. T. Boyd testified that soon after Mr. Baggott and himself formed a partnership to do automobile repairing in the town of Monticello and soon after defendant’s line of road was completed to that…
2Cases cited1 opinion
- Somers v. MusolfSupreme Court of Arkansas · 1908
3Cited by5 opinions
- Crawford v. General Contract CorporationDistrict Court, W.D. Arkansas · 1959
- Shibley v. WhiteSupreme Court of Arkansas · 1937
- Silbernagel v. Hirsch Distilling Co.Court of Appeals for the Eighth Circuit · 1938
- Bailey v. SuttonSupreme Court of Arkansas · 1945
- Monticello Cotton Mills, Inc. v. PowellSupreme Court of Arkansas · 1949