Worthen v. Stewart
Supreme Court of Arkansas
Appeal from Jefferson Circuit 'Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. Appellant (brought this suit for commission for the sale of oertain. real estate upon the 'following contract: “Pine Bluff, Ark., March 12, 1912. “I agree- to pay to W. M. Worthen, the sum of $1,000 — as M'S -commission deal mow pending between myself and T. -C. -Sheen, -of St. Louis, -said commission to be paid either in city property nr in lands or a note either wiay we may agree to —…
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Appeal from Jefferson Circuit 'Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. Appellant (brought this suit for commission for the sale of oertain. real estate upon the 'following contract: “Pine Bluff, Ark., March 12, 1912. “I agree- to pay to W. M. Worthen, the sum of $1,000 — as M'S -commission deal mow pending between myself and T. -C. -Sheen, -of St. Louis, -said commission to be paid either in city property nr in lands or a note either wiay we may agree to — this is on condition that said deal is finally closed.” (Signed) “M. R. Stewart.” It is alleged that Sheen agreed to buy…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Appellant insists that the agreement for payment of the commission with the option contract and amendment, all in writing, definitely expressed the terms upon which the sale should be made, that he furnished a purchaser, ready, willing and ■able to buy the lands and did in fact sell them to him in accordance with the terms of the contract, and earned his commission .and was entitled to it, and that the court erred in not so instructing the jury, and in allowing the introduction of parol testimony to establish a condition to the unqualified letter of…
2Cases cited8 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Ware v. AllenSupreme Court of the United States · 1888
- Graham v. RemmelSupreme Court of Arkansas · 1905
- Barr Cash & Package Carrier Co. v. Brooks-Ozan Mercantile Co.Supreme Court of Arkansas · 1907
- Barton-Parker Manufacturing Co. v. TaylorSupreme Court of Arkansas · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Inman v. QuireySupreme Court of Arkansas · 1917
- Arkansas Valley Feed Mills, Inc. v. Fox De Luxe Foods, Inc.District Court, W.D. Arkansas · 1959
- Southern Wooden Box, Inc. v. Ozark Hardwood Manufacturing Co.Supreme Court of Arkansas · 1956
- Thomason v. HesterSupreme Court of Arkansas · 1931
- Wizard, Inc. v. FeldmanSupreme Court of Arkansas · 1932