Cypress Lumber & Shingle Co. v. Tillar
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. Thomas B. Martin, Chancellor. STATEMENT BY THE COURT. The firm of Tillar & Wilson, composed of T. F. Tillar, T. O. Wilson' and F. S. Wellman, was in the year 1900 engaged in the business of manufacturing cypress shingles. The firm was the owner of several cypress brakes, and also the owner of several shingle mills.
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Appeal from Pulaski Chancery Court. Thomas B. Martin, Chancellor. STATEMENT BY THE COURT. The firm of Tillar & Wilson, composed of T. F. Tillar, T. O. Wilson' and F. S. Wellman, was in the year 1900 engaged in the business of manufacturing cypress shingles. The firm was the owner of several cypress brakes, and also the owner of several shingle mills. In the year 1900 T. F. Tillar commenced an action to wind up the affairs of the partnership, and during the progress of this litigation a receiver was appointed to take charge of and operate the mills during the pendency of the litigation.…
1Opinion of the Court
Riddick, J.,-
(after stating the facts.) The question to be determined in this case is what amount the purchaser of the property of the firm of Tillar & Wilson at a receiver’s sale is entitled to have deducted from the purchase price agreed to be paid therefor on account of the failure of the title to the Clarke brake, that being a part of the property sold and a part of that for which the price was to be paid. Neither side asks that the sale be set aside, and it is conceded that under the circumstances the purchaser is entitled to have the purchase price abated to the extent that the…
2Cited by2 opinions
- In Re California Associated Products Co. Wil-Rud Corporation v. LynchCourt of Appeals for the Ninth Circuit · 1950
- Hall v. McGeheeCourt of Appeals for the Fifth Circuit · 1930