Cook v. Bagnell Timber Co.
Supreme Court of Arkansas
Appeal from Cross Chancery Court; Edward D. Robertson, Chancellor; STATEMENT by the court. This is a suit in equity brought by the Bagnell Timber Company against J. M. Cook and R. N. Cook to cancel and rescind a written contract for the sale of timber by defendants to the plaintiff, and to recover the price of the timber paid to the defendants.
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Appeal from Cross Chancery Court; Edward D. Robertson, Chancellor; STATEMENT by the court. This is a suit in equity brought by the Bagnell Timber Company against J. M. Cook and R. N. Cook to cancel and rescind a written contract for the sale of timber by defendants to the plaintiff, and to recover the price of the timber paid to the defendants. The defendants kept a saloon and grocery store at Fair Oaks in Cross County, and owned a tract of land, containing 411.72 acres, situated about two miles distant from their place of business. The plaintiff is a foreign corporation, doing business in…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) Appellee’s assertion of the right to a rescission of the contract is based upon two grounds, viz: The alleged intoxicated condition of Powers when he negotiated the contract with appellants, and the failure of appellants to disclose information as to the true value of the timber in response to the letter written them by Mr. Jackson. The latter grounds may be disposed of by saying that the letter of Jackson can not be construed as a request for information as to the value of the timber, nor as an expression of reliance upon the judgment of appellants as…
2Cases cited6 opinions
- Bates v. BallIllinois Supreme Court · 1874
- Johns v. FritcheyCourt of Appeals of Maryland · 1874
- Cavender v. WaddinghamMissouri Court of Appeals · 1878
- Caulkins v. FrySupreme Court of Connecticut · 1868
- Taylor v. PurcellSupreme Court of Arkansas · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Rich v. RosenthalSupreme Court of Arkansas · 1954
- Yazoo & Mississippi Valley Railroad v. SolomonSupreme Court of Arkansas · 1916
- Katter v. HardinSupreme Court of Arkansas · 1926
- Rich v. RosenthalSupreme Court of Arkansas · 1954