Clinton v. Ross
Supreme Court of Arkansas
Appeal from'Polk Circuit Court; Daniel Hon, Judge on exchange; STATEMENT BY THE COURT. W. N. Ross brought suit against W. E. Clinton and W. J. Batson, alleging, that on June 6, 1911, Batson was indebted to him in the sum of $600.00 for goods and moneys furnished to enable him to operate a sawmill, and, as security for such supplies, agreed that all the-lumber manufactured by him should be stacked upon the yards and become the property of Ross until the account was paid.
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Appeal from'Polk Circuit Court; Daniel Hon, Judge on exchange; STATEMENT BY THE COURT. W. N. Ross brought suit against W. E. Clinton and W. J. Batson, alleging, that on June 6, 1911, Batson was indebted to him in the sum of $600.00 for goods and moneys furnished to enable him to operate a sawmill, and, as security for such supplies, agreed that all the-lumber manufactured by him should be stacked upon the yards and become the property of Ross until the account was paid. That on June 8, appellant, desiring to purchase the 300,000 feet of lumber on the yards of the mill of defendant, Batson,…
1Opinion of the Court
■ Kirby,-J., •
(after stating- the facts). It is insisted that the contract is within the statute of frauds, and, by its terms, not complete, that there was no consideration, for it, and that the court erred in admitting parol testimony to supply the missing terms.
All the parties recognized that Batson had the right to sell the lumber after the payment of Ross’s debt, and that the title to it remained in Ross until the debt was paid. Ross, in fact, had no interest in the lumber beyond the amount of his claim against Batson for money and supplies furnished, to enable him to manufacture it, nor…
2Cases cited4 opinions
- Triplett v. Mansur & Tebbetts Implement Co.Supreme Court of Arkansas · 1900
- Sunny South Lumber Co. v. Neimeyer Lumber Co.Supreme Court of Arkansas · 1896
- Bank of Little Rock v. CollinsSupreme Court of Arkansas · 1899
- Snyder v. SlattonSupreme Court of Arkansas · 1909
3Cited by8 opinions
- Loden v. Paris Auto Co.Supreme Court of Arkansas · 1927
- Haynes v. GwinSupreme Court of Arkansas · 1919
- Estes v. Lamb & Co.Supreme Court of Arkansas · 1921
- Fairbanks, Morse Company v. ParkerSupreme Court of Arkansas · 1925
- Monongahela Insurance v. BatsonSupreme Court of Arkansas · 1914
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