Morris v. Hellums Co.
Supreme Court of Arkansas
Appeal from Lincoln Circuit Court; W. B. Sorrells, Judge; 1. Appellant substantially performed Ms part of the contract, and is entitled to recover. He was employed for one year, and devoted his time and attention to the business during the cotton season. Even if, after the cotton season he had nothing to do, he was entitled to his salary. 26 Cyc. 1018; 1 Labatt, Master & Servant, § 288, and note; 32 N. W. 865. 2. The court erred in its instructions.
Read the full summary
Appeal from Lincoln Circuit Court; W. B. Sorrells, Judge; 1. Appellant substantially performed Ms part of the contract, and is entitled to recover. He was employed for one year, and devoted his time and attention to the business during the cotton season. Even if, after the cotton season he had nothing to do, he was entitled to his salary. 26 Cyc. 1018; 1 Labatt, Master & Servant, § 288, and note; 32 N. W. 865. 2. The court erred in its instructions. No breach of duty was proven and the burden was on appellee to prove such breach. 1 Labatt, M. & S., § § 271, 354, note, p. 1119. 3. Evidence of…
1Opinion of the CourtHumphreys, J.
Appellant brought suit against appellee in the Lincoln Circuit Court for an alleged balance of $600 due him upon a written contract of employment to buy and sell cotton for appellee at Grady, Arkansas, during the cotton season of 1914-15. Appellee denied that it owed appellant any balance on the contract. The cause was submitted on the pleadings, instructions of the court and oral evidence, upon which a verdict was returned and judgment rendered in accordance therewith, dismissing the complaint. An appeal has been prosecuted to test the correctness of the construction placed upon the contract…
2Cases cited6 opinions
- Earl v. HarrisSupreme Court of Arkansas · 1911
- Western Assurance Co. v. AltheimerSupreme Court of Arkansas · 1894
- Read's Drug Store v. Hessig-Ellis Drug Co.Supreme Court of Arkansas · 1910
- McCarthy v. McArthurSupreme Court of Arkansas · 1901
- Johnson v. WilkersonSupreme Court of Arkansas · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Kane v. Order of United Commercial Travelers of AmericaWashington Supreme Court · 1940
- Parker v. SimsSupreme Court of Arkansas · 1932