Wilson-Ward Co. v. Farmers' Union Gin Co.
Supreme Court of Arkansas
Appeal from Craighead Chancery Court, Fake City District; Rdward D. Robertson, Chancellor; In order to reform a written contract or instrument, the evidence must be clear, unequivocal and decisive; a mere preponderance is not sufficient. 71 Ark. 616; 5 Mason, 577; 72 Ark. 546; 75 Ark. 75; 79 Ark. 256; 81 Ark. 166; Id. 420; 83 Ark. 131; 84 Ark. 349; 85 Ark. 62; 89 Ark. 309. 1. The evidence in this case proves a clear case of fraud and is convincing. 75 Ark. 382; 73 Fed. 574.…
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Appeal from Craighead Chancery Court, Fake City District; Rdward D. Robertson, Chancellor; In order to reform a written contract or instrument, the evidence must be clear, unequivocal and decisive; a mere preponderance is not sufficient. 71 Ark. 616; 5 Mason, 577; 72 Ark. 546; 75 Ark. 75; 79 Ark. 256; 81 Ark. 166; Id. 420; 83 Ark. 131; 84 Ark. 349; 85 Ark. 62; 89 Ark. 309. 1. The evidence in this case proves a clear case of fraud and is convincing. 75 Ark. 382; 73 Fed. 574. 2. Oral evidence was admissible’.to show that appellees signed as directors to bind the Gin Company, and not themselves…
1Opinion of the CourtMcCurroch, C. J.
This action was instituted at law by the Wilson-Ward Company, a Tennessee corporation, against the Farmers’ Union Gin Company, a domestic corporation, and nine other defendants, as joint makers of a promissory note, executed to plaintiff for the sum of $5,750, dated April 21, 1906, and payable January 1, 1907, with interest from date. The note, which was exhibited with the complaint, is in the following form, and the signatures appear in the following order:
“$5>750-00- Take City, Ark., April 21, 1906.
“January 1, 1907, after date, we promise to pay to the order of Wilson-Ward Company…
2Cases cited8 opinions
- McGuigan v. GainesSupreme Court of Arkansas · 1903
- Cherry v. BrizzolaraSupreme Court of Arkansas · 1909
- Goerke v. RodgersSupreme Court of Arkansas · 1905
- Mitchell Manufacturing Co. v. KempnerSupreme Court of Arkansas · 1907
- Tillar v. WilsonSupreme Court of Arkansas · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Johnson v. SteuartSupreme Court of Arkansas · 1911