Caldwell v. Missouri State Life Insurance
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Osceola District; Archer Wheatley, Chancellor; STATEMENT OE EAOTS. The Missouri State Life Insurance Company brought this suit in equity against Clinton L. Caldwell to foreclose a mortgage on 320 acres of land in the Osceola District of Mississippi County, Arkansas, given to secure an indebtedness of $11,000 borrowed by the defendant from the plaintiff.
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Appeal from Mississippi Chancery Court, Osceola District; Archer Wheatley, Chancellor; STATEMENT OE EAOTS. The Missouri State Life Insurance Company brought this suit in equity against Clinton L. Caldwell to foreclose a mortgage on 320 acres of land in the Osceola District of Mississippi County, Arkansas, given to secure an indebtedness of $11,000 borrowed by the defendant from the plaintiff. Clinton L. Caldwell filed an answer in which he admitted the allegations of the plaintiff’s complaint, and by way of cross-complaint asked for Judgment against the plaintiff in the sum of $60,000. He…
1Opinion of the CourtHart, J.
(after stating the facts). The only issue raised by the appeal is whether on the admitted facts the defendant, Caldwell, was entitled to recover of the defendant on an implied contract the value of the services for which he claims compensation. The defendant does not claim there was any express contract between him and the plaintiff, but he claims that he is entitled to recover from the plaintiff the reasonable value of his services on an implied contract.
In discussing the difference between contracts implied from the facts and contracts implied in law, quasi or constructive contracts, in the…
2Cases cited2 opinions
- The People Ex Rel. Dusenbury v. . SpeirNew York Court of Appeals · 1879
- Cotnam v. WisdomSupreme Court of Arkansas · 1907
3Cited by12 opinions
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- State v. StoneCourt of Appeals of Texas · 1954
- Steed v. BusbySupreme Court of Arkansas · 1980
- Downtowner Corp. v. Commonwealth Securities Corp.Supreme Court of Arkansas · 1967
- Sellers v. West-Ark Construction Co.Supreme Court of Arkansas · 1984
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