Gunter v. Williams
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; STATEMENT OE FACTS. D. R. Williams, doing business as Williams Brothers brought an action in replevin against John Gunter to recover an iron tank alleged.to be of the value of $200. John Gunter filed an answer in which he denied .that Williams was entitled to the possession of the tank and filed a cross-complaint against Williams for the recovery of certain valves, pipes and tubes, with the value…
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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; STATEMENT OE FACTS. D. R. Williams, doing business as Williams Brothers brought an action in replevin against John Gunter to recover an iron tank alleged.to be of the value of $200. John Gunter filed an answer in which he denied .that Williams was entitled to the possession of the tank and filed a cross-complaint against Williams for the recovery of certain valves, pipes and tubes, with the value and particular description of each article stated therein. According to the testimony of H. A. McDonald, a witness for…
1Opinion of the Court
HART, J.,
(after stating the facts). It is first contended that the court erred in giving instruction No. 1 at the request of the plaintiff. The instruction is as follows : ‘ ‘ The jury are instructed by the court that if John Gunter authorized the sale of this property and after McDonald had sold same ratified his action, plaintiff should recover, even if you should find that McDonald exceeded his authority in the first instance.”
The instruction is not very happily framed, but this could have been met by a specific objection to it. Having made no complaint in the court below on this account,…
2Cases cited6 opinions
- Western Union Telegraph Co. v. FordSupreme Court of Arkansas · 1906
- Holmes v. Bluff City Lumber Co.Supreme Court of Arkansas · 1911
- Hays v. StateSupreme Court of Arkansas · 1917
- Horton v. JacksonSupreme Court of Arkansas · 1908
- McCain v. StateSupreme Court of Arkansas · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Reynolds v. AshabrannerSupreme Court of Arkansas · 1949
- Prewitt v. StateSupreme Court of Arkansas · 1921
- Steele v. StateSupreme Court of Arkansas · 1937
- Western Lawrence County Road Improvement District v. Friedman-D'Oench Bond Co.Supreme Court of Arkansas · 1923