Turner v. Baker
Supreme Court of Arkansas
APPEAL from White Circuit Court. Hon. John Whytock, Circuit Judge. The exhibit of the contract shows no mutuality and overrules the averment that plaintiff was bound. Newman’s (Ky.) PI. & Pr. 252 and cases cited. No consideration as to complainant, 2 Parson’s Con. No value of services shown rendered at defendant’s request. Plaintiff changed the contract, without showing assent of defendant. For these reasons the demurrer should have been sustained.
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APPEAL from White Circuit Court. Hon. John Whytock, Circuit Judge. The exhibit of the contract shows no mutuality and overrules the averment that plaintiff was bound. Newman’s (Ky.) PI. & Pr. 252 and cases cited. No consideration as to complainant, 2 Parson’s Con. No value of services shown rendered at defendant’s request. Plaintiff changed the contract, without showing assent of defendant. For these reasons the demurrer should have been sustained. The court erred in refusing to admit the proposed evidence regarding plaintiff’s conduct in taking possession of the schoolhouse, etc., as it…
1Opinion of the Court
Harrison, J.:
The appellee sued the appellant before a justice of the peace,, as one of the subscribers to the following agreement:
To a school of ten months, to be taught by B. P. Baker, at the town of Searcy, commencing on the second Monday in January, 1871, we, the undersigned, do hereby subscribe the number of pupils affixed to each of our names, at the following rates of tuition, to-wit:
Spelling, Readings Writing, Primary Grammar, Primary Arithmetic, Primary Geography, each or all per month.$3 00
Practical Grammar, Practical Arithmetic, Familiar Seience,
Advanced Geography, each or all per…
2Cases cited4 opinions
- McKinley v. WatkinsIllinois Supreme Court · 1851
- Esmay v. GortonIllinois Supreme Court · 1857
- Brown v. RiceSupreme Court of Missouri · 1860
- Shupe v. GalbraithSupreme Court of Pennsylvania · 1858
3Cited by7 opinions
- Rogers v. Galloway Female CollegeSupreme Court of Arkansas · 1898
- Cox v. SmithSupreme Court of Arkansas · 1911
- Bradley Gin Co. v. J. L. Means Machinery Co.Supreme Court of Arkansas · 1910
- Collins v. AmissIndiana Supreme Court · 1903
- Nowlin v. Memphis Packing Corp.Supreme Court of Arkansas · 1923
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