Legal Opinion

Hight v. Marshall

Supreme Court of Arkansas

Decided June 19, 1916PublishedCited by 4 opinions

Appeal from 'Crawford Circuit Court; James Cochran, Judge; 1. The proof shows the relationship of principal and agent. This relationship established, the law requires the highest degree of candor, honesty, fidelity and absolute good faith. Cooley on Torts (2 ed.), p. 615; 82 S. E. 381; 142 Pac. 1029; 29 111. 75; 95 Am. Dec. 568. Appellee by Ms conduct violated every principle of law and fidelity.

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Appeal from 'Crawford Circuit Court; James Cochran, Judge; 1. The proof shows the relationship of principal and agent. This relationship established, the law requires the highest degree of candor, honesty, fidelity and absolute good faith. Cooley on Torts (2 ed.), p. 615; 82 S. E. 381; 142 Pac. 1029; 29 111. 75; 95 Am. Dec. 568. Appellee by Ms conduct violated every principle of law and fidelity. He could not have bought for himself and could not deal except within Ms powers and instructions for his principal. 90 Ark. 301; 62 Id. 598; 103 Id. 484. 2. The evidence that the land had been placed…

1Opinion of the CourtMcCulloch, C. J.

This is an action instituted by appellee against appellant to recover commissions alleged to have been earned in the -sale of certain real estate. Appellant resides at Mulberry, Crawford County, Arkansas, and owned a tract of 276 acres of land in Oklahoma, only a short distance from Fort Smith. Appellee is in the real estate business at Fort Smith. The lands were listed with appellee, and, according to the testimony, he made considerable efforts toward procuring a purchaser. He showed the land to numerous prospective buyers and finally 'showed it to W. L. Brett, who subsequently purchased the…

2Cases cited1 opinion

  1. Stiewel v. LallySupreme Court of Arkansas · 1909

3Cited by4 opinions

  1. O'Glee v. TriggDistrict Court, E.D. Arkansas · 1967
  2. Schwarzlose v. KingreySupreme Court of Arkansas · 1960
  3. Barton v. JordanSupreme Court of Arkansas · 1949
  4. Peebles v. SneedSupreme Court of Arkansas · 1944

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