Schenck v. Griffith
Supreme Court of Arkansas
Appeal from Fulton Circuit Court. Schenck sued Griffith in replevin for a mare. Defendant answered that he was the owner of the mare by purchase from one Ike Davis; that he was an innocent purchaser without notice of plaintiff’s rights. Plaintiff testified that he was owner of the mare; that he made a contract with Ike Davis to sell him the mare for some work; that nothing was said at the time about retaining the title of the mare until the work was done.
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Appeal from Fulton Circuit Court. Schenck sued Griffith in replevin for a mare. Defendant answered that he was the owner of the mare by purchase from one Ike Davis; that he was an innocent purchaser without notice of plaintiff’s rights. Plaintiff testified that he was owner of the mare; that he made a contract with Ike Davis to sell him the mare for some work; that nothing was said at the time about retaining the title of the mare until the work was done. A short time afterward Davis came and asked for the mare. Plaintiff told him that his children had the mare away from home, and that when…
1Opinion of the CourtWood, J.
The .instructions fairly presented the issues covered by the evidence. The court did not err in refusing instruction No. 3 offered by the plaintiff. The proof shows that the contract for the sale of the mare, whatever its terms might have been, was made with Ike Davis. The proof also shows that George Davis was sent by his father to get the mare. He was a mere lad. His only mission, as the proof shows, was to go to plaintiff’s house for the animal and to take her to Ike Davis. The boy was a special agent of his father for this particular purpose only, and he had no authority, real or…
2Cases cited2 opinions
- City Electric Street Railway Co. v. First National Exchange BankSupreme Court of Arkansas · 1896
- Berry v. BarnesSupreme Court of Arkansas · 1861
3Cited by7 opinions
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- Jackson v. FrierSupreme Court of South Carolina · 1928
- Spokane Cattle Loan Co. v. Crane Creek Sheep Co.Idaho Supreme Court · 1924
- Emco Mills, Inc. v. Isbrandtsen Co., IncCourt of Appeals for the Eighth Circuit · 1954
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