Baker-Matthews Manufacturing Co. v. Grayling Lumber Co.
Supreme Court of Arkansas
Appeal from Desha Chancery Court; Z. T. Wood, Chancellor; 1. The suit is barred by the statute of limitations. The statute was not waived by the letters or acts of appellant. 91 Ark. 162; 10 Id. 134; 11 Id. 666; 26 Id. 540; 76 Atl. 716; 57 Ark. 583; 85 Id. 584. It was an unliquidated claim and not a debt. The amount was never agreed upon.
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Appeal from Desha Chancery Court; Z. T. Wood, Chancellor; 1. The suit is barred by the statute of limitations. The statute was not waived by the letters or acts of appellant. 91 Ark. 162; 10 Id. 134; 11 Id. 666; 26 Id. 540; 76 Atl. 716; 57 Ark. 583; 85 Id. 584. It was an unliquidated claim and not a debt. The amount was never agreed upon. There was no estoppel or waiver. 2. The chancery court had no jurisdiction, this being a law action. 85 Ark. 208, 211; 65 Id. 600; 43 Id. 485; 30 Mich. 345; 6 Pom. Eq. § § 857-8; 53 N. Y. 185; 104 Ark. 154; 94 Id. 306. 3. Appellee is not entitled to recover…
1Opinion of the CourtMcCULLOCH, C. J.
Appellee instituted this action against appellant in the chancery court of Desha County to recover the value of timber alleged to have been cut by appellant on a certain tract of land in that county.
It is alleged in the complaint that the trespass was committed in July, 1911, but that appellee did not become aware of it until March 22, 1913, and that thereupon appellee entered into correspondence with appellant looking to a settlement of the claim, and that appellant by its written statements concerning the settlement led the agents of appellee to believe that the claim would be paid without…
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