Legal Opinion · Dissent

Little Rock Distributing Co. v. Ouachita County Circuit Court

Supreme Court of Arkansas

Decided December 22, 1975No. 75-177Published

1DissentJohn A. Fogleman, Justice

I would grant the writ because I consider the facts and the evidence to be uncontested and find no substantial evidence that Mrs. Shoemaker is an agent of petitioner in the sense of Ark. Stat. Ann. § 27-610 (Repl. 1962). The rule applied in the cases cited in the majority opinion governs only those cases in which there is a contested question of fact or in which the fact finder may draw different inferences from undisputed evidence. See Arkansas Democrat v. Means, Judge, 190 Ark. 948, 82 S.W. 2d 856; Finley v. Moose, 74 Ark. 217, 85 S.W. 238. It seems to me that it should be a different…

2Cases cited5 opinions

  1. Finley v. MooseSupreme Court of Arkansas · 1905
  2. Equitable Life Assurance Society v. MannSupreme Court of Arkansas · 1934
  3. Hardcastle v. StateCourt of Appeals of Arkansas · 1988
  4. Arkansas Democrat v. MeansSupreme Court of Arkansas · 1935
  5. Donaghey v. WassonSupreme Court of Arkansas · 1935

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API