Rock Island Plow Co. v. Rankin
Supreme Court of Arkansas
Appeal from Pope Circuit Court; 7. Hugh Basham, Judge; STATEMENT BY THE COURT. On the 23d day of May, 1906, Rankin Bros. & Winn, a firm composed -of J. A. Rankin, J. L. Rankin and M. D. Winn, brought suit in a justice of the peace court in Illinois Township in Pope County, Arkansas, alleging that the Rock Island Plow Company was1 indebted to them in the sum of $219^97 for goods sold to it.
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Appeal from Pope Circuit Court; 7. Hugh Basham, Judge; STATEMENT BY THE COURT. On the 23d day of May, 1906, Rankin Bros. & Winn, a firm composed -of J. A. Rankin, J. L. Rankin and M. D. Winn, brought suit in a justice of the peace court in Illinois Township in Pope County, Arkansas, alleging that the Rock Island Plow Company was1 indebted to them in the sum of $219^97 for goods sold to it. The plow company was a foreign corporation, and a garnishment was issued against H. A. Clifton & Son, who were alleged to be indebted to the plow company. The plow company answered, denying any indebtedness…
1Opinion
ON REHEARING.
Opinion delivered February 1, 1909.
Hart, J.
Counsel for appellant urges that the court erred in holding that a release of'the twenty per cent, claimed as damages for the forfeiture of the contract could be shown by parol evidence. In addition to the authorities cited in our original opinion, this court, in the case of Burlington Ins. Co. v. Lowery, 61 Ark. 108, in discussing the waiver of a forfeiture in a contract of insurance, held that “proof of loss under a fire policy may be waived by parol, though the policy requires a waiver to be in writing.” See also St. Louis…
2Cases cited3 opinions
- Burlington Insurance v. LowerySupreme Court of Arkansas · 1895
- St. Louis, Iron Mountain & Southern Railway Co. v. HardieSupreme Court of Arkansas · 1908
- St. Louis Southwestern Railway Co. v. LederSupreme Court of Arkansas · 1908