Fletcher v. Simms

Supreme Court of Arkansas

Fletcher v. Simms

86 S.W. 993, 75 Ark. 162, 1905 Ark. LEXIS 550

CourtSupreme Court of Arkansas

DecidedApril 22, 1905

StatusPublished

Cited by1 cases

This text of 86 S.W. 993 (Fletcher v. Simms) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fletcher v. Simms, 86 S.W. 993, 75 Ark. 162, 1905 Ark. LEXIS 550 (Ark. 1905).

Pincite

Opinion

Wood, J.,

(after stating the facts.) The court correctly charged the jury. The written contract was clear in meaning, and its construction was for the court. The court properly construed it. To have permitted the jury to give effect to the contention of appellant would have been to ignore the plain words of the written contract, and to alter its terms. The acceptance of the orders was based upon only one condition, namely: “that lumber to the value of the above must be on the switch.” The contention and testimony of Fletcher added other conditions. The condition expressed called for proof as to the value of the lumber on the switch between the date of the order and the time for its payment. The testimony of appellant showed that this amounted to $251.75, and the verdict was rendered accordingly.

Affirm.

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Wood, J.,

(after stating the facts.) The court correctly charged the jury. The written contract was clear in meaning, and its construction was for the court. The court properly construed it. To have permitted the jury to give effect to the contention of appellant would have been to ignore the plain words of the written contract, and to alter its terms. The acceptance of the orders was based upon only one condition, namely: “that lumber to the value of the above must be on the switch.” The contention and testimony of Fletcher added other conditions. The condition expressed called for proof as to the value of the lumber on the switch between the date of the order and the time for its payment. The testimony of appellant showed that this amounted to $251.75, and the verdict was rendered accordingly.

Affirm.

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Bluebook (online)

86 S.W. 993, 75 Ark. 162, 1905 Ark. LEXIS 550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fletcher-v-simms-ark-1905.

Opinion

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