Lanier v. Little Rock Cooperage Co.
Supreme Court of Arkansas
Appeal from Howard Circuit Court; James S. Steel, Judge; There is no evidence that the staves were not according to contract.
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Appeal from Howard Circuit Court; James S. Steel, Judge; There is no evidence that the staves were not according to contract. The court erred in assuming that they did not come up to the contract. 14 Ark. 530; 36 Id. 641; 37 Id. 580; 54 Id. 336; 56 Id. 457; 61 Id. 549; 70 Id. 441; 74 Id. 19; Id. 468; 75 Id. 232; 76 Id. 348; 77 Id. 109. Where one of two innocent parties must suffer by reason of an injury, it should be he who is first at fault. 95 Ga. 69. The court has no right to assume that a disputed fact is established one way or the other. 37 Ark. 580. Conflicting instructions necessarily…
1Opinion of the CourtWood, J.
The appellee sued appellant, alleging that appeb lant, for a consideration of $21 per thousand, agreed to manufacture and deliver to appellee six hundred thousand staves, mill run, dead culls out, of the following dimensions, 34 inches long, and, when dry, to plane three-fourth inches thick; that appellant had failed to deliver 365,000 staves, and that by this breach of the contract appellee was damaged in the sum of $2,500.
Appellant answered, denying any breach of the contract on its part, and averred that it had been ever ready to perform the contract, but that appellee, in culling the…
2Cases cited4 opinions
- Hot Springs Ry. Co. v. MaherSupreme Court of Arkansas · 1886
- Carlile v. CorriganSupreme Court of Arkansas · 1907
- Ark-Mo Zinc Co. v. PattersonSupreme Court of Arkansas · 1906
- Little Rock Cooperage Co. v. LanierSupreme Court of Arkansas · 1907
3Cited by8 opinions
- Andrews v. Minter Coal & Coke Co.Indiana Court of Appeals · 1929
- Federal Grain Co. v. Hayes Grain & Commission Co.Supreme Court of Arkansas · 1923
- Elliott Contracting Co. v. City of PortlandOregon Supreme Court · 1918
- United States Fidelity & Guaranty Co. v. Board of Commissioners Sewer Improvement District No. 1Supreme Court of Arkansas · 1919
- Continental Grain Co. v. Simpson Feed Co.District Court, E.D. Arkansas · 1951
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