Mason v. Wilson
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. E. T. Vaughan, Circuit Judge. I. a. When a suit is bona fide, brought on probable cause, a promise to compromise is a valid consideration. 1 Chitty on Cont. 46 (16 Am. Ed. and note m.); 1 Whart. on Cont., Secs. 533 and 193; 29 Ark., 131; 21 lb., 69; 17 Am. Dee., 118; 6 T. B. Monroe, 91; 9 La., 397; 29 Am. Dec., 448 and note p. 452; 45 Jó., 257 ; 2 Douglass, 344; Pollock on Cont. p. 396. b.
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APPEAL from Pulaski Circuit Court. Hon. E. T. Vaughan, Circuit Judge. I. a. When a suit is bona fide, brought on probable cause, a promise to compromise is a valid consideration. 1 Chitty on Cont. 46 (16 Am. Ed. and note m.); 1 Whart. on Cont., Secs. 533 and 193; 29 Ark., 131; 21 lb., 69; 17 Am. Dee., 118; 6 T. B. Monroe, 91; 9 La., 397; 29 Am. Dec., 448 and note p. 452; 45 Jó., 257 ; 2 Douglass, 344; Pollock on Cont. p. 396. b. An erroneous deduction of law is no cause for annulling the contract. 5 Am. Dec., 626 ; 2 Bibb, 448. c.' Nor where parties are ignorant of their rights, will courts…
1Opinion of the CourtSmith, J.
Mayfield Bros., merchants of Little Rock, had purchased of Mason & Trusdell, oí St. Louis, a lot of butter of the value of $109.52, but had not paid for the same. The butter was shipped by rail, consigned to the vendees ; but before it was delivered to them they failed in business and sent the following telegram to Mason & Trusdell: “ Little Rock, Ark., Dec. 6, 1882. Business suspended. Goods at depot. Telegraph orders to agent. Mayfield Bros.” Meantime, one McLean, a transfer agent at Little Rock, under a general authority previously given him by Mayfield Brothers to receive all goods…
2Cases cited3 opinions
- Clemson v. DavidsonSupreme Court of Pennsylvania · 1813
- Mottram v. HeyerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Livingston v. DuganSupreme Court of Missouri · 1854
3Cited by9 opinions
- State Ex Rel. Port of Seattle v. Department of Public ServiceWashington Supreme Court · 1939
- Gardner v. WardSupreme Court of Arkansas · 1911
- Satchfield v. Laconia Levee DistrictSupreme Court of Arkansas · 1905
- Fender v. HelterbrandtSupreme Court of Arkansas · 1911
- In re M. Burke & Co.District Court, W.D. Pennsylvania · 1905
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