Fletcher v. Simms

Decided April 22, 1905

Supreme Court of Arkansas · decided 1905-04-22

Alexander M. DuEEiE, Judge. STATEMENT BY THE COURT. This case was begun in the Saline Circuit Court by appellee bringing suit against appellant on two orders for $200 each, executed by appellee, Simms, and -conditionally accepted by appellant.

Cited by 1 later decisions — most recently January 1911

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1905-04-22

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Wood, J.,

¶1(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.

¶2Affirm.