Ozan Lumber Co. v. Haynes
Supreme Court of Arkansas
Appeal from Nevada Circuit Court. Joel D. Conway, Judge. Under the evidence, it was error to allow appellee to recover anything for the spur. The contract specifies that the scaling done at the mill shall be the basis of payment for the logs; and it was error to admit testimony as to any other seaiage.
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Appeal from Nevada Circuit Court. Joel D. Conway, Judge. Under the evidence, it was error to allow appellee to recover anything for the spur. The contract specifies that the scaling done at the mill shall be the basis of payment for the logs; and it was error to admit testimony as to any other seaiage. Where the findings of a chancellor are against the evidence, his decree will be reversed. 41 Ark. 292; 42 Ark. 521; 43 Ark. 307; 50 Ark. 185; 55 Ark. 112. The evidence is sufficient to sustain the verdict. The pleadings should be treated as amended to conform to the evidence. 54 Ark. 289, 304;…
1Opinion of the CourtBunn, C. J.
The appellee, Pat Haynes, sued appellant company on an open account, claiming judgment for a balance of $750 in his favor. Prior to the institution of this suit, another suit was pending in the court below in replevin for several head of oxen (also involved in some way in this suit),wherein the Ozan Lumber Company was plaintiff and Pat Haynes was defendant; and on motion of the Ozan Lumber Company the two were consolidated, and the consolidated suit was transferred to the equity docket. The case is one of fact mostly, and there are about four items of account about which the parties are…
2Cases cited1 opinion
- Hot Springs Ry. Co. v. MaherSupreme Court of Arkansas · 1886
3Cited by8 opinions
- Boston Store v. SchleuterSupreme Court of Arkansas · 1908
- Carlile v. CorriganSupreme Court of Arkansas · 1907
- Ark-Mo Zinc Co. v. PattersonSupreme Court of Arkansas · 1906
- Chapman & Dewey Land Co. v. WilsonSupreme Court of Arkansas · 1909
- Cudlipp v. C. R. Cummings Export Co.Court of Appeals of Texas · 1912
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