Black Bros. Lumber Co. v. Varner
| Decision Date | 28 April 1924 |
| Docket Number | (No. 338.) |
| Citation | 261 S.W. 312 |
| Parties | BLACK BROS. LUMBER CO. v. VARNER. |
| Court | Arkansas Supreme Court |
Appeal from Circuit Court, White County; W. D. Davenport, Special Judge.
Action by H. W. Varner against the Black Bros. Lumber Company, and another. Judgment for plaintiff, and defendant named appeals. Affirmed.
Brundidge & Neelly, of Searcy, for appellant.
J. N. Rachels, of Searcy, for appellee.
This is an action by H. W. Varner against J. F. Cooper and Black Bros. Lumber Company, a corporation (hereafter called lumber company), to recover the sum of $309.35 on an account which he alleged the lumber company purchased for Cooper and one or two other parties. The lumber company denied that it was indebted to Varner for the account of J. F. Cooper, and also pleaded the statute of frauds.
Varner testified that he was a merchant at Searcy and was acquainted with Frank Cooper and Black Bros. composing the lumber company. On the 5th of August, 1921, Frank Cooper had a little account with witness. He went to work for the lumber company and was running a boarding house down there at which the lumber company timber men boarded. H. W. Black was then in charge of the lumber company as local manager. Cooper applied to witness for credit and witness refused him. After that he sold some stuff for the boarding house on the credit of Black who was representing the lumber company. The witness exhibited his account and testified to the items purchased by Cooper which were charged to Cooper and the lumber company amounting to $878.60, on which there were credits bringing Cooper's account down to the sum of $284. Witness sold goods to Black for one Beatty in the sum of $9.30, and also to one Bates in the sum of $10.30, which made the total amount of the account of Cooper, and the other parties, $309.35 as claimed. The lumber company knew that Cooper was behind with witness and agreed to pay witness if he would extend credit to Cooper, which witness did, and the lumber company admitted its liability on the account from time to time. Black begged for time in which to pay the account, saying that lumber and ties were slow about moving, and asked witness to give him time to collect for the lumber that he had sold. Black never denied liability for Cooper's account until Cooper moved away. When Black first agreed to pay Cooper's account, the account was charged in Cooper's name, and Black told witness he would be responsible for it. He told witness to say to Cooper that whatever he needed to run the boarding house the lumber company would pay for. Some of the orders from Cooper were brought in by him and some were brought by Black. In the new book that witness opened witness entered the account on one page in the name of the lumber company and at another page in the name of the lumber company and Cooper.
Cooper testified that beginning some time in 1921 he had a contract for running the mill, about 15 miles from Searcy, for the lumber company by the thousand, and also running the boarding house at so much a meal. Varner refused to credit him. Witness told Black that he would have to have stuff to run his boarding house, and Black said he would see that witness got it, and witness did get it. Very often Black bought the goods himself and frequently witness would make out the bills and give them to Black. Witness identified the orders which he wrote to Black, gave or sent them to him, and he would see that it came down either over the railroad or in the wagon, and a few times he brought the stuff himself. There had never been a settlement between witness and Black. He owed witness $371 and including Varner's account about $600. The lumber company had nothing to do with running the boarding house or with the mill, as witness was cutting under a contract at so much a stick. Black had admitted liability to witness several times for Varner's account. He asked witness how much the account was.
Dr. Gray testified that he attended Frank Cooper's family as physician and surgeon while they were at Black Bros.' mill in 1921 part of the time and that Black stood for part of it. Black called witness up and asked him if he would go down there, and witness replied that he would if Black would stand for it, and Black said that he would.
Black testified that when Cooper moved down to take charge of the boarding house, they...
To continue reading
Request your trial