W. T. Rawleigh Medical Co. v. Holcomb
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; 1. This case presents substantially the same questions as those involved in 115 Ark. 166. But the contract is entirely. different'. In the above ease the contract was ambiguous and parol evidence was admissible with letters, circulars and the conduct, etc., of parties, etc., to determine the relationship df parties.
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Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; 1. This case presents substantially the same questions as those involved in 115 Ark. 166. But the contract is entirely. different'. In the above ease the contract was ambiguous and parol evidence was admissible with letters, circulars and the conduct, etc., of parties, etc., to determine the relationship df parties. Where the contract is unambiguous, and is neither doubtful, uncertain nor equivocal in meaning, etc., parol evidence cannot be introduced to enlarge its terms. 76. See also 2 Taylor on Ev., § 1035; 53 Wise. 415; 17 C. B.…
1Opinion of the CourtSmith, J.
It is insisted by learned counsel for appellees that we have here a case which presents the same question decided in the case of Clark v. J. R. Watkins Medical Co., 115 Ark. 166, and also in the case of J. R. Watkins Medical Co. v. Williams, 124 Ark. 539, and that this ease is, therefore, controlled by the opinions in those cases. There are points of similarity between the cases, yet we do not find here the uncertainty in the relationship of the parties which was developed by the proof in the former cases and which we said warranted the submission to the jury of the question of the…
2Cases cited2 opinions
- Clark v. J. R. Watkins Medical Co.Supreme Court of Arkansas · 1914
- J. R. Watkins Medical Co. v. WilliamsSupreme Court of Arkansas · 1916
3Cited by12 opinions
- Jones v. EpsteinSupreme Court of Arkansas · 1918
- W. T. Rawleigh Co. v. Van DuynIdaho Supreme Court · 1920
- W. T. Rawleigh Medical Co. v. RoseSupreme Court of Arkansas · 1918
- The W.T. Rawleigh Co. v. TrericeMichigan Supreme Court · 1923
- J. R. Watkins Medical Co. v. HogueSupreme Court of Arkansas · 1919
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