Breitzke v. Tucker
Supreme Court of Arkansas
Appeal from Pulaski Circuit Courtt Second Division; Guy Fulh, Judge; 1. The court below grounded its position on 35 Ark. 144. The next case is 69 Ark. 229, followed by 121 Id. 541. The parties were held as partners, because (1) there was a failure or abortive attempt to incorporate, or (2) they conducted or operated the business after the failure to incorporate; but in no instance have parties been held where they made no attempt to operate, nor incur liability. 114 Ark.…
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Appeal from Pulaski Circuit Courtt Second Division; Guy Fulh, Judge; 1. The court below grounded its position on 35 Ark. 144. The next case is 69 Ark. 229, followed by 121 Id. 541. The parties were held as partners, because (1) there was a failure or abortive attempt to incorporate, or (2) they conducted or operated the business after the failure to incorporate; but in no instance have parties been held where they made no attempt to operate, nor incur liability. 114 Ark. 344; 17 L. R. A. 549; 69 111. App. 527; 119 Id. 430; 117 Fed. 216; 65 N. E. 224; 84 S. E. 487; 158 S. W. 705; 29 Utah 34;…
1Opinion of the CourtSmith, J.
For her cause of action, appellee, who was the plaintiff below, alleged that appellants, who were the defendants below, were owners of the Oaklawn Dairy Company and, in the pursuit of their dairy business, operated wagons to handle the dairy products, and that one of these wagons, while so employed, ran over plaintiff and injured her very severely. The injury occurred February 18, 1916, and the wagon which inflicted it had painted on its sides the words, “Oaklawn Dairy. ’ ’
All of the defendants except Breitzke answered, denying the material allegations of the complaint, and specifically…
2Cases cited12 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Ware v. AllenSupreme Court of the United States · 1888
- Walden v. SkinnerSupreme Court of the United States · 1880
- Cox v. SmithSupreme Court of Arkansas · 1911
- Garnett v. RichardsonSupreme Court of Arkansas · 1879
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3Cited by4 opinions
- Whitaker v. Mitchell Manufacturing Co.Supreme Court of Arkansas · 1952
- Morse v. Burkhart Manufacturing Co.Supreme Court of Arkansas · 1922
- Wesco Supply Co. v. SmithSupreme Court of Arkansas · 1918
- Whitaker v. Mitchell Manufacturing Co.Supreme Court of Arkansas · 1952