Warmack v. Perkins
Supreme Court of Arkansas
Appeal from Little Biver Circuit Court; Jefferson T. Cowling, Judge; 1. The court must take that view of the evidence most favorable to the party against whom the verdict is directed. 89 Ark. 372; 73 Id. 361. 2. Where there is any evidence tending to establish the issue it is error to take the case from the jury. 89 Ark. 372; 77 Id. 556; 63 Id. 94. 3. Where the intention of the parties is not clear from the contract, on its face, the question should be left to the jury. 89…
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Appeal from Little Biver Circuit Court; Jefferson T. Cowling, Judge; 1. The court must take that view of the evidence most favorable to the party against whom the verdict is directed. 89 Ark. 372; 73 Id. 361. 2. Where there is any evidence tending to establish the issue it is error to take the case from the jury. 89 Ark. 372; 77 Id. 556; 63 Id. 94. 3. Where the intention of the parties is not clear from the contract, on its face, the question should be left to the jury. 89 Ark. 373; 39 Id. 414; ,89 Id. 222. 4. The instrument was prepared by Perkins and it should be construed more strongly…
1Opinion of the CourtMcCULLOCH, C. J.
Defendant owned a light, ice and power plant in Ashdown, Arkansas, and operated the same under the name of Ashdown Ice & Power Company. Desiring to sell the property, he entered into a contract with the plaintiff, who was engaged in the real estate business in Ashdown, to find a purchaser for the plant and certain other property owned by defendant, at the price of $44,000.00. Plaintiff found a purchaser at that price in the person of E. S. Ellis, with whom defendant entered into a written contract as follows:
‘ ‘ This agreement, made and entered into on this the second day of March, 19Í7, by…
2Cases cited5 opinions
- Moore v. IrwinSupreme Court of Arkansas · 1909
- Thomas-Huycke-Martin Co. v. GraySupreme Court of Arkansas · 1910
- Reeder v. EppsSupreme Court of Arkansas · 1914
- Lasker-Morris Bank & Trust Co. v. JonesSupreme Court of Arkansas · 1917
- St. Louis, Iron Mountain & Southern Railway Co. v. JamisonSupreme Court of Arkansas · 1908
3Cited by3 opinions
- Carpenter v. PhillipsSupreme Court of Arkansas · 1923
- Beard v. ReadSupreme Court of Arkansas · 1924
- Hood v. CampbellCourt of Appeals of Texas · 1927