Hope Lumber Co. v. Foster & Logan Hardware Co.
Supreme Court of Arkansas
APPEAL from Nevada Circuit Court. C. E. Mitchel, Judge. 1. Where property has been ordered, and the party on whom the order is drawn consigns it to the party making the order, by delivery to a common carrier, in response to the order, the contract of sale is complete and the property passes to the consignee. 43 Ark., 453 ; 44 Ark., 556. 2. If the laborers had a lien, and appellee succeeded to it, it cannot be enforced in this action. 3. The conversation with White does not…
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APPEAL from Nevada Circuit Court. C. E. Mitchel, Judge. 1. Where property has been ordered, and the party on whom the order is drawn consigns it to the party making the order, by delivery to a common carrier, in response to the order, the contract of sale is complete and the property passes to the consignee. 43 Ark., 453 ; 44 Ark., 556. 2. If the laborers had a lien, and appellee succeeded to it, it cannot be enforced in this action. 3. The conversation with White does not amount to an agreement or contract which could be enforced against appellant, and there was no consideration for it. 1.…
1Opinion of the CourtHughes, J.
On the 6th day of August, 1888, the appellee sued John J. and Sallie Duval on account for $400, and had an attachment levied on three car loads of lumber, which attachment was sustained against defendants and from which they have not appealed.
The appellant filed its interplea claiming the property attached, and the court sitting as a jury found that the property did not belong to appellant, but to John J. and SallieDuval, and dismissed the interplea; appellant excepted, filed a motion for a new trial, which was overruled, and he excepted and appealed. The motion for new trial is substantially…
2Cases cited6 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. GordonTexas Supreme Court · 1888
- Guffey v. O'ReileySupreme Court of Missouri · 1885
- Earl v. StevensSupreme Court of Vermont · 1885
- Henderson v. McMahillSupreme Court of Iowa · 1888
- Almy v. . ThurberNew York Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- A. J. Neimeyer Lumber Co. v. Burlington & Missouri River RailroadNebraska Supreme Court · 1898
- Mann v. Charter Oak Fire Insurance CompanyDistrict Court, E.D. Arkansas · 1961
- Ergenbright v. HendersonSupreme Court of Kansas · 1905
- Southern Engine & Boiler Works v. Globe Cooperage & Lumber Co.Supreme Court of Arkansas · 1911
- Bray Clothing Co. v. McKinneySupreme Court of Arkansas · 1909
4 more not listed; retrieve them via the Exa API.