Legal Opinion

Drake v. Howell

Supreme Court of Arkansas

Decided October 8, 1928PublishedCited by 3 opinions

1Opinion of the CourtM'ehaeey, J.

Appellant operated a sawmill and garage, and separate books were kept for each business. A. R. Kimball worked for appellant as manager and bookkeeper of the sawmill, On July 10, 1924, appellant rendered the following account to Kimball:

“Glenville, Arkansas, 7-10-24.
“Bal. due A. R. Kimball for labor $940.92, less 5 per cent, gain for the month of June, $44.51.
“W. W. Drake.
“M. D. Paisley.

$940.72

600.00

$340.72

Check 100.00

$240.72”

It was acquiesced in by Kimball, and therefore became an account stated.

Kimball died, and Ivie E. Howell was appointed administrator, and this suit was brought to collect…

2Cases cited5 opinions

  1. State v. Illinois Central RailroadIllinois Supreme Court · 1910
  2. Ripley v. Sage Land & Improvement Co.Wisconsin Supreme Court · 1909
  3. Brown v. Southern Grocery CompanySupreme Court of Arkansas · 1925
  4. Gutshall v. CooperSupreme Court of Colorado · 1906
  5. Hawkins Bros. v. Lesser-Goldman Cotton Co.Supreme Court of Arkansas · 1923

3Cited by3 opinions

  1. Jewell v. General Air Conditioning Corp.Supreme Court of Arkansas · 1956
  2. Foscue v. McDanielSupreme Court of Arkansas · 2009
  3. Crown Custom Homes, Inc. v. Buchanan Services, Inc.Court of Appeals of Arkansas · 2009

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