Cherokee Construction Co. v. Prairie Creek Coal Mining Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; statement by the court. The plaintiff, Cherokee Construction Company, brought this suit against the Prairie Creek Coal Mining Company to recover $781.34, with interest, on account of taxes and insurance alleged to be due to plaintiff by the defendant.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; statement by the court. The plaintiff, Cherokee Construction Company, brought this suit against the Prairie Creek Coal Mining Company to recover $781.34, with interest, on account of taxes and insurance alleged to be due to plaintiff by the defendant. There is no controversy between plaintiff and defendant as to the amount of taxes and insurance, but it is the contention of the defendant that it does not owe this to the plaintiff. On the 19th day of December, 1906, the plaintiff and defendant entered into a contract…
1Opinion of the Court
Hart, J.,
(after stating the facts). The instrument or lease copied in the statment of facts is general and comprehensive, and expressly purports to be in full settlement of all matters and differences between the parties. It was broad enough to cover the present 'cause of action. The parties, in order to avoid the evils 'of litigation, made a compromise and settlement of all matters and differences between them. The lease or instrument in question was something more than a mere receipt. It was the final embodiment in writing of the agreement between the parties. It is a comprehensive…
2Cases cited3 opinions
- Cleveland-McLeod Lumber Co. v. McLeodSupreme Court of Arkansas · 1910
- Cache Valley Lumber Co. v. Culver Co.Supreme Court of Arkansas · 1910
- Main v. OliverSupreme Court of Arkansas · 1908
3Cited by11 opinions
- Kansas City Southern Railway Co. v. ArmstrongSupreme Court of Arkansas · 1914
- Texas Company v. WilliamsSupreme Court of Arkansas · 1929
- Williams v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1913
- Firestone Tire & Rubber Co. v. WebbSupreme Court of Arkansas · 1944
- Hearin v. Union Sawmill Co.Supreme Court of Arkansas · 1912
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