Cache Valley Lumber Co. v. Culver Co.
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; Charles Coffin, Judge; 1. Appellee has no right to go behind -the execution of the deed, having acepted it. The acceptance of a -deed by the vendee is a final consummation of all prior negotiations.
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Appeal from Lawrence Circuit Court, Eastern District; Charles Coffin, Judge; 1. Appellee has no right to go behind -the execution of the deed, having acepted it. The acceptance of a -deed by the vendee is a final consummation of all prior negotiations. It was error to admit letters written prior to the making of the deed — the completion of the contract. 2. The deed, receipt and exhibits were filed with the answer —part thereof — and not denied under oath, and hence must be taken as genuine. Kirby’s Digest, § 3108. A receipt unimpeached for fraud or mistake is valid and binding. 88 Ark. 363.…
1Opinion of the CourtHart, J.
This suit was instituted in the Dawrence Circuit Court, Eastern District, by the Culver Company against the Cache Valley Dumber Company to recover damages for an alleged breach of a contract to convey certain lands.
The defendant company answered, denying liability. The defendant has appealed from a judgment rendered against it.
The facts material to a determination of the issues raised by the appeal are substantially as follows: Both parties to the suit are corporations, organized under the laws of the State of Arkansas. H. A. Culver was vice-president of the Cache Valley Dumber Company,…
2Cases cited3 opinions
- Kahn v. MetzSupreme Court of Arkansas · 1908
- Tillar v. WilsonSupreme Court of Arkansas · 1906
- Burton v. MerrickSupreme Court of Arkansas · 1860
3Cited by9 opinions
- Shannon v. PrallWashington Supreme Court · 1921
- Cleveland-McLeod Lumber Co. v. McLeodSupreme Court of Arkansas · 1910
- Cherokee Construction Co. v. Prairie Creek Coal Mining Co.Supreme Court of Arkansas · 1912
- Smart, Administratrix v. OwenSupreme Court of Arkansas · 1945
- Hemler v. AdcockSupreme Court of Louisiana · 1928
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