Burr v. Williams
Supreme Court of Arkansas
Appeal from Independence Circuit Court. Hon. William C. Bevens, Circuit Judge. laid in the decide If the plaintiff had fully proved his case, as ration, he was only entitled to recover the balance due for the corn after deducting the set-off proved by the defendants. But when we look at plaintiff’s evidence, we are left in doubt whether there was any contract between plaintiff and defendants for the sale of any corn.
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Appeal from Independence Circuit Court. Hon. William C. Bevens, Circuit Judge. laid in the decide If the plaintiff had fully proved his case, as ration, he was only entitled to recover the balance due for the corn after deducting the set-off proved by the defendants. But when we look at plaintiff’s evidence, we are left in doubt whether there was any contract between plaintiff and defendants for the sale of any corn. Proof of easual admissions or remarks made to persons not interested in the subject matter, is evidence of the lowest grade, as they are made without due care and very liable to…
1Opinion of the Court
Hon. Thomas Joussoit, Special Judge,
delivered the opinion of the Court.
This was an action of assumpsit brought by Robinson against Burr and Archer, as partners in trade, etc., in the Independence Circuit Court. At the September term, 1858, the cause was submitted to a jury upon the issues of non-assumpsit and set-off, and they returned a verdict in favor of the plaintiff for one hundred and ninety-five dollars damages, and costs. The defendants filed a motion for a new trial, which was granted .by the court. At the March term, 1860, the cause was again submitted to a jury, who also returned a…
2Cited by5 opinions
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