Gay Oil Co. v. Akins
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; 1. It was error to refuse to permit Gay to testify as to the terms, etc., of the contract.
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Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; 1. It was error to refuse to permit Gay to testify as to the terms, etc., of the contract. Greenleaf on Ev. vol. 1 (15 ed.) pp. 694-5-6, § 558; Wigmore on Ev. vol. 2, pp. 1403-8, § § 1192-4; Jones on Ev. pp. 262-5, § § 212-213, 252 ; 57 Ark. 153-158; 72 Id. 47-51; 72 Id. 601; 63 Id. 556-56-13; 47 Id. 120, 125. 2. With respect to the palpable error in the record between the amount of the judgment and the balance found due, the court should apply sections 1226, 4427, Kirby’s Digest. This was a palpable error. 3. The…
1Opinion of the CourtMcCulloch, C. J.
Appellant instituted this action at law against appellee to recover the sum of $288.74, balance of funds collected by appellee while acting as agent for appellant at Conway, Arkansas. It is alleged in the complaint that the appellee had collected sums aggregating the total amount of $1,724.98, and had paid over various sums aggregating $1,326.62. which, with other credits to which he was entitled, left the above balance unpaid. Appellee answered, admitting that he had collected the total amount specified in the complaint, but that, in addition to the credits set forth in the complaint, he was…
2Cases cited1 opinion
- Boone v. GoodlettSupreme Court of Arkansas · 1903
3Cited by7 opinions
- Thomas v. ThomasSupreme Court of Arkansas · 1921
- Pate v. StateSupreme Court of Arkansas · 1922
- Music v. DelongSupreme Court of Iowa · 1930
- Weeks v. BaileyNew Mexico Supreme Court · 1927
- Tarkington v. StateSupreme Court of Arkansas · 1922
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