Cherokee Construction Co. v. Prairie Creek Coal Mining Co.
Cases that cite this one
11 later published cases cite this decision.
- Firestone Tire & Rubber Co. v. Webb (Ark. 1944)
- The Gus Blass Company v. Tharp (Ark. 1937)
- Texas Company v. Williams (Ark. 1929)
- Lybrand v. Watkins Hardware Co. (Ark. 1922)
- Shamis v. Rice-Stix Dry Goods Co. (Ark. 1922)
- Simonson v. Patterson (Ark. 1919)
- Morris v. Southwestern Supply Co. (Ark. 1918)
- National Union Fire Insurance v. School District (Ark. 1917)
- Kansas City Southern Railway Co. v. Armstrong (Ark. 1914)
- Williams v. Chicago, Rock Island & Pacific Railway Co. (Ark. 1913)
- Hearin v. Union Sawmill Co. (Ark. 1912)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
(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 discharge, not only of the differences between the parties, but of all matters between them. The natural meaning of the language used is broad enough to cover everything connected with the first lease. To permit the plaintiff to show by parol proof that it was not so intended would be to contradict or explain away the instrument, which is contrary to the established rule of law as established by the previous decisions of this court. Cache Valley Lbr. Co. v. Culver Lbr. Co., 93 Ark. 383; Cleveland-McLeod Lbr. Co. v. McLeod, 96 Ark. 405; Kahn v. Metz, 88 Ark. 383.
The judgment will be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.