Irwin v. Nichols
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; 7. W. Meeks, Judge; STATEMENT BY THE COURT. This was an action brought by appellant to recover from appellee $189.75 as balance due him under a contract for labor.
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Appeal from Randolph Circuit Court; 7. W. Meeks, Judge; STATEMENT BY THE COURT. This was an action brought by appellant to recover from appellee $189.75 as balance due him under a contract for labor. He alleges in his amended complaint that defendant is a Minnesota corporation doing business in this State, having its principal place of business for this State at Pocahontas in Randolph County; that defendant is engaged in saw-milling and allied businesses; that in October, 1906, plaintiff was in the employ of a sawmill company at Knobel, Arkansas, getting $3 a day for each day he worked; that…
1Opinion of the Court
Wood, J.,
(after stating the facts). The letter which appellant exhibits and makes the basis of his complaint is fatal to his cause of action. We must construe it as a whole, and, considering all of its parts, read it so as to make it intelligible if it can be done. Kelly v. Dooling, 23 Ark. 582; Railway v. Williams, 53 Ark. 58. For we must assume that the author of tiie letter intended that it should convey some meaning. “Words which are omitted by inadvertence from a written contract may be supplied by construction at law, without resort to reformation, if the context shows what words are…
2Cases cited4 opinions
- Richelieu Hotel Co. v. International Military Encampment Co.Illinois Supreme Court · 1892
- Gran v. SpangenbergSupreme Court of Minnesota · 1893
- Railway v. WilliamsSupreme Court of Arkansas · 1890
- Kelly v. DoolingSupreme Court of Arkansas · 1861
3Cited by8 opinions
- Mondou v. Lincoln Mutual Casualty Co.Michigan Supreme Court · 1938
- Nusbaum v. Hartford Fire Ins.Supreme Court of Pennsylvania · 1923
- Heidlebaugh v. MillerCalifornia Court of Appeal · 1954
- Eldridge v. PoirierCourt of Appeals of Texas · 1932
- Kasun v. TodevichMontana Supreme Court · 1924
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