Southern Coal Co. v. Searcy Transfer Co.
Supreme Court of Arkansas
Appeal from White Circuit Court, J. M. Jackson, Judge; One cannot insist upon performance of a contract Avhen he is in default himself. 88 Ark. 497; 88 Ark. 422. The court erred in modifying instruction No. 3, on the question of waiver of payment. 77 Ark. 508. In view of the fact that plaintiff had been shipping coal to the defendant for more than a year, and had never insisted upon compliance with the conditions on-the back of the contract, defendant was certainly entitled…
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Appeal from White Circuit Court, J. M. Jackson, Judge; One cannot insist upon performance of a contract Avhen he is in default himself. 88 Ark. 497; 88 Ark. 422. The court erred in modifying instruction No. 3, on the question of waiver of payment. 77 Ark. 508. In view of the fact that plaintiff had been shipping coal to the defendant for more than a year, and had never insisted upon compliance with the conditions on-the back of the contract, defendant was certainly entitled to notice °of the intent to enforce them at this time, in order that it might protect itself from a rise in the market.…
1Opinion of the CourtMcCulloci-i, C. J.
Appellant instituted this action against appellee before a justice of the peace of White County to recover the sum of $237.98, balance due on account for shipments of coal. Appellant is engaged in the wholesale coal business at Memphis, Tenn., and appellee is engaged in the retail trade at Searcy.
Appellee admits the correctness of appellant’s account, and that there is a balance due on the account in 1he sum claimed by appellant, but appellee filed a counterclaim for damages for alleged breach of a subsequent contract for the sale and future delivery of three carloads of coal. Appellee claims…
2Cases cited7 opinions
- Paepcke-Leicht Lumber Co. v. TalleySupreme Court of Arkansas · 1913
- Robnett v. Cotton States Life InsuranceSupreme Court of Arkansas · 1921
- Citizens' National Life Insurance v. MorrisSupreme Court of Arkansas · 1912
- Little Rock Cooperage Co. v. LanierSupreme Court of Arkansas · 1907
- Cook v. HawkinsSupreme Court of Arkansas · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Batton v. JonesSupreme Court of Arkansas · 1925
- Arkansas Power & Light Co. v. ThompsonSupreme Court of Arkansas · 1935
- Guaranty Bank Trust Company v. DavisSupreme Court of Arkansas · 1926
- National Lumber & Creosoting Co. v. MullinsSupreme Court of Arkansas · 1933
- Lindsey v. Pierce Petroleum Corp.Supreme Court of Arkansas · 1930
1 more not listed; retrieve them via the Exa API.