Texas & St. Louis Railway Co. v. Donnelly
Supreme Court of Arkansas
APPEAL from Lafayette Circuit Court. Hon. C. E. Mitchel, Circuit Judge. The written contract with Hibbard should have been admitted in evidence. It was part of the res gesta, and showed the terms, specifications and conditions, and who were the contracting parties. Wharton Ev., vol 3, see. 10 15-16; Parsons Cont., vol. 2, 517-18-19; 18 Ark., 65; 1 Paige, 13; 8 Pick., 56. The two contracts, as to terms and conditions, were one and the same. 7 Ark., 321; 1 Phil.
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APPEAL from Lafayette Circuit Court. Hon. C. E. Mitchel, Circuit Judge. The written contract with Hibbard should have been admitted in evidence. It was part of the res gesta, and showed the terms, specifications and conditions, and who were the contracting parties. Wharton Ev., vol 3, see. 10 15-16; Parsons Cont., vol. 2, 517-18-19; 18 Ark., 65; 1 Paige, 13; 8 Pick., 56. The two contracts, as to terms and conditions, were one and the same. 7 Ark., 321; 1 Phil. Ev., 185, 201, and note, and for the refusal of the court to admit it in evidence the judgment should be reversed. 2 Whart. Ev., secs.…
1Opinion of the CourtCockrill, C. J.
Donnelly sued the railroad company for work done by him in the construction of the road, under a contract made, as he claimed, with the company. As to whether there was a contract with the company, was the chief matter of dispute on the trial of this case, the •company contending that the contract to build the road through Arkansas had been let by it to one Hibbard, and that Donnelly had contracted with him to build a part of the road, and should look to him for payment.
1. BnRelevancy . The undisputed facts were that Donnelly entered into a contract with C. F. Stephens, who was the chief…
2Cases cited2 opinions
- Lane v. GluckaufCalifornia Supreme Court · 1865
- Roland v. Centerville, Moravia & Albia R'y Co.Supreme Court of Iowa · 1883
3Cited by6 opinions
- State of Tennessee v. BartonSupreme Court of Arkansas · 1946
- Bugg v. Wertheimer-Schwartz Shoe Co.Supreme Court of Arkansas · 1897
- Young v. YoungSupreme Court of Iowa · 1917
- Moon v. StateSupreme Court of Arkansas · 1923
- Powhatan Zinc & Lead Mining Co. v. HillSupreme Court of Arkansas · 1911
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