Murray v. Miller
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M. Carter, Judge; reversed on Miller’s cross appeal, Where there is any evidence, however slight, pertinent to an issue in a case, it is error to take it from the jury and direct a verdict. The court, therefore, erred in directing a verdict for the intervener. 89 Ark. 372; 73 Ark. 561; Const.
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Appeal from Clark Circuit Court; Jacob M. Carter, Judge; reversed on Miller’s cross appeal, Where there is any evidence, however slight, pertinent to an issue in a case, it is error to take it from the jury and direct a verdict. The court, therefore, erred in directing a verdict for the intervener. 89 Ark. 372; 73 Ark. 561; Const. Ark., art. 7, § 23; 37 Ark. 164; 76 Ark. 603; 76 Ark. 520; 77 Ark. 556; 84 Ark. 57. Where there are two or more brokers trying to sell the same real estate, the one who is the procuring cause of the sale is entitled to the commission instead of the one who finally…
1Opinion of the CourtMcCulloch, C. J.
Appellant, J. R. Murray, instituted this action in the circuit court of Clark County against W. E. Miller, one of the appellees, to recover the sum of $1,665, alleged to be due as commissions on sale of Miller’s ranch in Maverick County, Texas, appellant claiming that he was the procuring cause of the sale which was consummated by Miller and that he was entitled to above named sum under his contract.
Appellee, E. R. Rice, intervened in the action, claiming that he had made the sale of the ranch and was entitled to the commission.
Miller admitted that he was indebted either to appellant or Rice…
2Cases cited10 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Brown v. MasonCalifornia Supreme Court · 1909
- Ward v. FletcherMassachusetts Supreme Judicial Court · 1878
- McGuire v. CarlsonAppellate Court of Illinois · 1895
- Glascock v. VanfleetTennessee Supreme Court · 1898
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3Cited by18 opinions
- Lumsden v. JonesCourt of Appeals of Texas · 1918
- Rieffer v. HollingsworthDistrict of Columbia Court of Appeals · 1947
- McCombs v. MossSupreme Court of Arkansas · 1916
- Weaver v. Emerson-Brantingham Implement Co.Supreme Court of Arkansas · 1920
- Bodine v. Penn Lumber Co.Supreme Court of Arkansas · 1917
13 more not listed; retrieve them via the Exa API.