Trumbull v. Harris
Supreme Court of Arkansas
Appeal from Montgomery Circuit Court; C. T. Cotham, Judge; STATEMENT BY THE COURT. Appellee brought this suit against the appellants to recover damages for an alleged breach of contract. This suit is based on the following contract, which was entered into on May 2, 1907: “Know all men by these presents .that Wm.
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Appeal from Montgomery Circuit Court; C. T. Cotham, Judge; STATEMENT BY THE COURT. Appellee brought this suit against the appellants to recover damages for an alleged breach of contract. This suit is based on the following contract, which was entered into on May 2, 1907: “Know all men by these presents .that Wm. Harris, of Black Springs, Arkansas, Montgomery County, party of the first part, and the Trumbull-Danville Lumber Company, of Black Springs, Montgomery County, Arkansas, party of the second part: “That party of the first part agrees to manufacture all the timber on the J. T. Petty…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is first contended by counsel for appellant that the agreement of January 28, 1908, by its terms put an end to the original contract, and that under it appellee is precluded from maintaining this action, but we can not agree with them in this contention. In this respect, this case is different from that of the Cherokee Construction Company v. Prairie Creek Coal Mining Company, ante p. 428.
In that case, the language of the new or substituted agreement was very broad and comprehensive. It purported to be in full settlement of all matters and differences…
2Cases cited1 opinion
- Weaver & Weaver v. Fletcher & HotzeSupreme Court of Arkansas · 1872
3Cited by3 opinions
- Morris v. TrinkleIndiana Court of Appeals · 1930
- Albers Milling Co. v. DonaldsonDistrict Court, W.D. Arkansas · 1957
- Hollan v. American Bank of Commerce & Trust Co.Supreme Court of Arkansas · 1923