Wing v. Davis
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; George W. Clark, Judge; 1. Tbe court erred in overruling defendant’s motion for a- directed verdict at tbe conclusion of plaintiff’s testimony. Davis was not Wing’s agent; tbe terms bad never been agreed upon; tbe most that could be said was that be bad an option to buy at $30 per acre, $2,000 cash. Wing’s offer was never accepted by Davis or Van Natta. Tbe terms of an offer must be accepted unconditionally.
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Appeal from Monroe Circuit Court; George W. Clark, Judge; 1. Tbe court erred in overruling defendant’s motion for a- directed verdict at tbe conclusion of plaintiff’s testimony. Davis was not Wing’s agent; tbe terms bad never been agreed upon; tbe most that could be said was that be bad an option to buy at $30 per acre, $2,000 cash. Wing’s offer was never accepted by Davis or Van Natta. Tbe terms of an offer must be accepted unconditionally. This case falls witbin tbe rule in 104 Ark. 465, and defendant was entitled to a directed verdict under tbe proof. 104 Ark. 267. 2. Tbe court erred in…
1Opinion of the CourtSmith, J.
This is a suit by a real estate broker to recover commissions upon the sale of a tract of land belonging to appellant. The contract was made by correspondence, the material portions of which are as follows:
“December 26, 1917.
“Mr. M. Wing, Oelwein, Iowa:
“Dear Sir':. Some time ago I wrote you asking you for a price on some of your lands here, including the east half of section 10. Having no -answer to niy letter, I am again asking you to give me your best price on these lands, giving yonr best terms with rate of interest on deferred payments. * * *
“I do not know that I can sell any of yonr…
2Cases cited3 opinions
- Hardwick v. MarshSupreme Court of Arkansas · 1910
- Hill v. JebbSupreme Court of Arkansas · 1892
- Johnston v. FuquaSupreme Court of Arkansas · 1912