Federal Lumber Co. v. Harris
Supreme Court of Arkansas
Appeal from Sevier Chancery Court, James D. Shaver, Chancellor; The findings of the chancellor are against the weight of the evidence. 346 Ark. 87; 106 Ark. 583; 102 Ark. 383. Appellant, as the undisclosed principal or beneficiary of the deal, had the right to maintain the suit. 117 Ark. 372; 78 Ark. 241; 120 Ark. 472, and cases cited.
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Appeal from Sevier Chancery Court, James D. Shaver, Chancellor; The findings of the chancellor are against the weight of the evidence. 346 Ark. 87; 106 Ark. 583; 102 Ark. 383. Appellant, as the undisclosed principal or beneficiary of the deal, had the right to maintain the suit. 117 Ark. 372; 78 Ark. 241; 120 Ark. 472, and cases cited. The delivery of a part of the timber contracted for was sufficient to take the case out of the statute of frauds. 135 Ark. 31; 79 Ark. 338; 128 Ark. 434; 19 Ark. 473. Oral testimony is inadmissible to vary or contradict an unambiguous written contract. The…
1Opinion of the CourtHumphreys, J.
This suit was commenced in the Sevier Circuit Court by appellant against appellee to recover damages in the sum of $4,728, for the breach of an alleged partially performed oral contract to deliver to appellant at its sawmill 800,000 feet of sawlogs. It was alleged in the complaint that appellant purchased from appellee a mill and planer located near Lockesburg, for $2,500, and 800,000 feet of sawlogs at $9 per thousand feet to be delivered at the rate of 100,000 feet per month at said mill; that the primary consideration for the purchase of the mill was the agreement by appellee to deliver…
2Cases cited4 opinions
- Delaney v. JacksonSupreme Court of Arkansas · 1910
- Brown & Hackney v. DaubsSupreme Court of Arkansas · 1919
- Outcault Advertising Co. v. BradleySupreme Court of Arkansas · 1912
- Armstrong v. Union Trust Co.Supreme Court of Arkansas · 1914
3Cited by1 opinion
- Smith v. Bank of MariannaSupreme Court of Arkansas · 1928